Can Cities Arrest People for Sleeping Outside?
Legal Judg(e)ments Podcast, Season 5, Episode 3 – Can Cities Arrest People for Sleeping Outside?
Cities across the United States are grappling with how to manage public spaces amid the rising homelessness population. In this episode of Legal Judg(e)ments, host Bob Stetson is joined by Ed Johnson of the Oregon Law Center, who represented the respondents in the case of City of Grants Pass v. Johnson, to discuss the case, which was decided by the Supreme Court. This legal battle challenged a set of ordinances in Grants Pass, Oregon, that made it unlawful for individuals to sleep outside, including in vehicles or with basic protection from the elements, such as blankets or sleeping bags.
Bob and Ed unpack the legal arguments, including the role of the Eighth Amendment’s status-versus-conduct framework, the Supreme Court’s reversal of the Ninth Circuit, and what this decision means for municipalities trying to balance public space regulation with constitutional rights.
Key Takeaways
- Status vs. Conduct: The Supreme Court ruled that sleeping in public is considered conduct, not status, meaning cities can outlaw camping outside even when residents have no shelter.
- Eighth Amendment Limits: The ruling emphasizes that the Eighth Amendment regulates punishment after conviction, not whether a city may prohibit certain behaviors in the first place.
- Municipal Authority: Cities may enforce broadly applicable rules against camping or sleeping outdoors, but time, place, and manner restrictions must still be reasonable.
- Policy vs. Constitutional Questions: Homelessness solutions lie in policymaking, not judicially created constitutional constraints, shifting responsibility to local and state governments.
- Implications for Future Cases: The decision sets a precedent for how courts may handle conflicts between public space regulations and the rights of unhoused individuals, influencing municipalities nationwide.
