Published on: Sunday, October 2, 2022

Grants Pass, Ore. has more homeless residents than shelter beds, forcing some homeless to sleep in public spaces. Easy fix, says the town, we'll just make that illegal. Ninth Circuit: You can't ticket the involuntarily homeless just for being homeless. “We affirm the district court’s ruling that the City of Grants Pass cannot, consistent with the Eighth Amendment, 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.” Dissent: Even if that's right, it has to be assessed person by person, not on a class basis. This case “should be overturned or overruled at the earliest opportunity.”

The case is Johnson v. City of Grants Pass, 20-35752 (9th Cir. Sept. 28, 2022).