March 14, 2024

The United States Supreme Court has agreed to hear the case of City of Grants Pass, Oregon v. Gloria Johnson to determine whether if, under the Eighth Amendment of the U.S. Constitution, the enforcement of generally applicable laws regulating camping and sleeping on public property constitutes “cruel and unusual punishment.”

CSAC, in collaboration with the League of California Cities, has filed a brief urging the Supreme Court to reverse the Grants Pass and Martin v. City of Boise cases. The brief emphasizes the complexities associated with application of the Eighth Amendment in this context and the practical challenges stemming from the Martin decision. It seeks to underscore the unworkability of the Martin decision, citing a confusing assortment of cases that restrict local governments in addressing public health and safety concerns. Additionally, the brief stresses that criminalization should be a last resort, emphasizing the importance of providing local leaders with the discretion to address homelessness through diverse policy tools and dedicated resources. More than 40 amicus briefs have been filed in the case, including many from State and local governments, the State of California, Governor Newsom and the United States.

The case is slated for oral argument on April 22, and CSAC remains vigilant in tracking developments. A comprehensive report will be issued once the Supreme Court delivers its decision. Counties are encouraged to contact CSAC Public Affairs Manager Rachael Serrao (rserrao@counties.org) to request talking points on this matter.