Supreme Court sharply divided over enforcing municipal homeless camping ban

The Supreme Court appeared deeply at odds on Monday over a small city's ban on homeless people sleeping in public places, with emotional statements from the bench over society's competing civic responsibilities.

It comes as jurisdictions across the nation – but especially in the West – struggle with a record double-digit surge in the homeless population.

The current appeal comes from officials in Grants Pass, Oregon, with almost 40,000 residents.

Municipal ordinances there ban sleeping or camping on streets, under bridges and in parks or other publicly owned property. The ban includes the use of bedding, pillows, cardboard boxes, sleeping bags, stoves or fires – with fines starting at $295.

At issue is whether the enforcement of generally applicable laws regulating camping on public property – but targeting the unhoused – constitute "cruel and unusual punishment" prohibited by the Eighth Amendment.

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The city argues its policies are fairly enforced, banning camping for everyone on public land. But homeless advocates say it criminalizes those who live outdoors without a stable place to call home.

In the contentious two-and-a-half hours of arguments, the justices repeatedly questioned whether the city's law banned conduct or status – just camping on public property vs. the larger situation of being homeless.

"Your ordinance goes way beyond that," said Justice Elena Kagan. "Your statute says that person cannot take himself and himself only, and can't take a blanket and sleep someplace without it being a crime... It seems like you're criminalizing a status."

But others on the bench said these difficult on-the-ground discretionary decisions should