Upcoming Supreme Court decision may impact camping bans nationwide

AUSTIN (Nexstar) — A pending decision by the Supreme Court regarding laws regulating camping on public property may impact efforts by cities nationwide to regulate public camping.

The case, Grants Pass v. Johnson, originates from three public-camping ordinances passed by the City of Grants Pass in Oregon, which the city said aims to protect public health and safety by addressing the growing issue of encampments.

The central question presented to the court is whether the potential civil and criminal penalties imposed by the ordinances are prohibited by the Eighth Amendment as “cruel and unusual punishment.”

Under the ordinances, public sleeping and camping prohibitions are enforced through civil citations instead of criminal fines or jail terms. If an individual is cited twice, they may be subject to an exclusion order barring them from a city park for 30 days -- the violation of which may result in criminal trespass charges.

During oral arguments, justices considered the complex issues presented by the case including whether homelessness should be considered as conduct, which may be prosecuted, or as a status, like drug addiction, which may not be punished under the court’s Eighth Amendment precedent.

Attorney Theane D. Evangelis, representing the City of Grants Pass, explained to the court the difficulties faced by cities attempting to regulate these issues stating, “The Eighth Amendment does not tell courts who is involuntarily homeless, what shelter is adequate, or what time, place, and manner regulations are allowed.”

The City of Austin's Camping Ban

Voters in the City of Austin passed Proposition B in May 2021, which reinstated Austin’s public camping ban, imposing penalties on individuals camping near downtown and The University of Texas. It also applies to camping in public areas not designated by the Austin Parks and Recreation Department.

This ban followed a bill passed by the Texas House in early May 2021 and was made effective September 2021, which enacted a camping ban statewide and would also punish local governments that do not enforce the ban.

The latest data from the Ending Community Homelessness Coalition (ECHO) said there are 5,020 people in Austin likely experiencing unsheltered homelessness.

In April, the city announced that it hired a consultant to offer recommendations on improving public education about the actions of its homeless strategy office.

The court’s session is set to end Friday, but with several cases still awaiting an opinion, the Supreme Court has not confirmed that June 28 will be the final day decisions are released.