ACLU sues Washington state city over anti-homeless laws as it seeks workaround to SCOTUS ruling

The American Civil Liberties Union sued the city of Spokane, Washington, on Thursday, alleging that its anti-camping laws violate the state constitution. It is believed to be the country’s first such legal challenge since the U.S. Supreme Court ruled in June that cities can enforce outdoor sleeping bans.

The court’s landmark decision — which found in June that such bans do not violate the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, even when shelter space is lacking — has prompted homeless advocates to seek new ways to challenge laws prohibiting outdoor sleeping.

The complaint filed in Spokane County Superior Court challenges city ordinances that make camping, sitting or lying on public property misdemeanor crimes in certain circumstances. Under state law, a misdemeanor is punishable by a fine up to $1,000 or jail for up to 90 days.

“This Spokane case serves as another opportunity for us to build out those protections under our state constitution, which is more protective than its federal counterpart,” Jazmyn Clark, director of the ACLU of Washington’s Smart Justice Policy Program, told The Associated Press.

It was unclear whether Spokane has begun enforcing its multiple anti-camping ordinances following the high court ruling.

Erin Hut, a spokesperson for the Spokane city attorney’s office, said in an email that the city had not yet been served the lawsuit and was unable to comment. A police spokesperson did not respond to an email seeking comment.

Clark said two of the plaintiffs are a homeless person and someone formerly homeless who were cited by police under Spokane’s ordinances. A homeless services nonprofit in Spokane is also among the plaintiffs.

Clark noted the Eight Amendment