Appeals Court Rules That Banning Homeless From Public Land Unconstitutional

A decision to overturn an appeals court ruling that nullified a municipal ordinance banning homeless people from sleeping on any public property in certain areas will be taken before the U.S. Supreme Court.

Soon, the court will decide if the ordinance in question violates the homeless community’s constitutional rights.

According to the recent appeals court ruling in Grants Pass, Oregon, the ordinance does affect their rights.

In fact, the appeal court ruled that Grants Pass cannot “enforce its anti-camping ordinances against homeless persons for the mere act of sleeping outside with rudimentary protection from the elements, or for sleeping in their car at night, when there is no other place in the city for them to go.”

The appeals court also said this ruling applies whenever homeless people “are engaging in conduct necessary to protect themselves from the elements when there is no shelter space available.”

However, other major cities with a high homeless population like Phoenix, Arizona, Los Angeles, California, and San Francisco, California do not share that sentiment and have asked the Supreme Court to overturn the decisions of the appeals court.

Ed Johnson, a representative of the plaintiffs in this case, has released a statement touching on the fact that all the original ordinance did is punish the homeless for sleeping outside when that is their only choice.

Johnson continued, explaining how he feels the homeless epidemic in America is misunderstood.

“Nevertheless, some politicians and others are cynically and falsely blaming the judiciary for the homelessness crisis to distract the public and deflect blame for years of failed policies,” Johnson also said.

No information surrounding the date the Supreme Court will hear the case has been released at this time.

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