Sunday, September 14

With homelessness on the rise, the Supreme Court to weigh bans on outdoors sleeping

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The Supreme Court will examine on Monday whether prohibiting homeless individuals from sleeping outdoors in the absence of shelter constitutes cruel and unusual punishment.

This case is viewed as one of the most consequential to be presented before the high court in years concerning homelessness, which has surged to unprecedented levels across the United States.

In California and other Western states, judicial decisions have deemed it unconstitutional to penalize and detain individuals for sleeping in homeless encampments when shelter options are unavailable.

This has led to challenges for both Democratic and Republican authorities in managing such encampments, which often pose risks due to unsafe and unhygienic conditions.

However, numerous advocacy groups contend that permitting cities to penalize individuals in need of shelter will criminalize homelessness, exacerbating the crisis further.

The Justice Department has also expressed its viewpoint, asserting that individuals should not face punishment solely for sleeping outdoors, but rather only if it is determined that they genuinely have nowhere else to seek refuge.

Originating from the rural town of Grants Pass in Oregon, the case involves the city’s imposition of fines totaling $295 on individuals sleeping outside, aimed at addressing the proliferation of homeless encampments in public parks amid soaring housing costs.

The San Francisco-based 9th Circuit Court of Appeals largely invalidated the measure, also ruling in 2018 that such bans contravened the 8th Amendment by penalizing individuals for circumstances beyond their control.

This case emerges against the backdrop of a significant surge in homelessness across the United States, rising by a staggering 12% to its highest documented level. This increase is attributed to soaring rents and the waning of coronavirus pandemic aid, rendering housing unattainable for more Americans, as indicated by federal data.

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