Supreme Court justices grapple with whether cities can ticket homeless people

CNN —

The Supreme Court wrestled Monday for more than two and a half hours with the question of whether ticketing homeless people is a “cruel and unusual” punishment that violates the Eighth Amendment.

Several of the justices appeared concerned about the prospect of criminalizing homelessness but they also worried about limiting a city’s ability to regulate public health or fire hazards in homeless encampments across the country.

“Sleeping is a biological necessity. It’s sort of like breathing,” said Justice Elena Kagan. “You can say breathing is conduct, too, but presumably you would not think that it’s OK to criminalize breathing in public. And for a homeless person who has no place to go, sleeping in public is kind of like breathing in public.”

Much of the argument focused on whether the “anti-camping” ordinances in Grants Pass, Oregon, prohibited conduct, such as sleeping with bedding in a public space, or the status of being homeless. The city of 38,000 argues that the rules are focused narrowly on conduct but the plaintiffs have argued that enforcement has been targeted at people who are unhoused.

Police regularly ticketed people who were sleeping in parks and other public spaces under those ordinances. Each violation carries a $295 fine, which increases to more than $500 if not paid.

The case is the most significant appeal involving unhoused Americans to reach the Supreme Court in decades, and it’s being closely watched by cities and states across the nation that are wrestling with a sharp increase in homelessness.

On any given night, more than 650,000 people in the United States are experiencing homelessness, according to the US Department of Housing and Urban Development. That number increased 12%