Social Can homeless people be fined for sleeping outside? A rural Oregon city asks the US Supreme Court

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BY CLAIRE RUSH
Updated 1:13 AM BRT, April 14, 2024

GRANTS PASS, Oregon (AP) — A pickleball game in this leafy Oregon community was suddenly interrupted one rainy weekend morning by the arrival of an ambulance. Paramedics rushed through the park toward a tent, one of dozens illegally erected by the town’s hundreds of homeless people, then play resumed as though nothing had happened.

Mere feet away, volunteers helped dismantle tents to move an 80-year-old man and a woman blind in one eye, who risked being fined for staying too long. In the distance, a group of boys climbed on a jungle gym.
legacy

The scenes were emblematic of the crisis gripping the small, Oregon mountain town of Grants Pass, where a fierce fight over park space has become a battleground for a much larger, national debate on homelessness that has reached the U.S. Supreme Court.

The town’s case, set to be heard April 22, has broad implications for how not only Grants Pass, but communities nationwide address homelessness, including whether they can fine or jail people for camping in public. It has made the town of 40,000 the unlikely face of the nation’s homelessness crisis, and further fueled the debate over how to deal with it.

“I certainly wish this wasn’t what my town was known for,” Mayor Sara Bristol told The Associated Press last month. “It’s not the reason why I became mayor. And yet it has dominated every single thing that I’ve done for the last 3 1/2 years.”

Officials across the political spectrum — from Democratic Gov. Gavin Newsom in California, which has nearly 30% of the nation’s homeless population, to a group of 22 conservative-led states — have filed briefs in the case, saying lower court rulings have hamstrung their ability to deal with encampments.

Like many Western communities, Grants Pass has struggled for years with a burgeoning homeless population. A decade ago, City Council members discussed how to make it “uncomfortable enough ... in our city so they will want to move on down the road.”
From 2013 to 2018, the city said it issued 500 citations for camping or sleeping in public, including in vehicles, with fines that could reach hundreds of dollars.
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But a 2018 decision by the 9th U.S. Circuit Court of Appeals changed the calculus. The court, whose jurisdiction includes nine Western states, held that while communities are allowed to prohibit tents in public spaces, it violated the Eighth Amendment’s ban on cruel and unusual punishment to give people criminal citations for sleeping outside when they had no place else to go.

Four years later, in a case challenging restrictions in Grants Pass, the court expanded that ruling, holding that civil citations also can be unconstitutional.

Civil rights groups and attorneys for the homeless residents who challenged the restrictions in 2018 insist people shouldn’t be punished for lacking housing. Officials throughout the West have overstated the impact of the court decisions to distract from their own failings, they argued.


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A man plays with his dog in Baker Park next to his tent, at left, after using the stick to help the stream of water flow better on Friday, March 22, 2024, in Grants Pass, Ore. (AP Photo/Jenny Kane)

“For years, political leaders have chosen to tolerate encampments as an alternative to meaningfully addressing the western region’s severe housing shortage,” the attorneys wrote. “It is easier to blame the courts than to take responsibility for finding a solution.”

In Grants Pass, the town’s parks, many lining the picturesque Rogue River, are at the heart of the debate. Cherished for their open spaces, picnic tables, playgrounds and sports fields, they host everything from annual boat-racing festivals and vintage car shows to Easter egg hunts and summer concerts.

They’re also the sites of encampments blighted by illegal drug use and crime, including a shooting at a park last year that left one person dead. Tents cluster along riverbanks, next to tennis courts and jungle gyms, with tarps shielding belongings from the rain. When the sun comes out, clothes and blankets are strung across tree branches to dry. Used needles litter the ground.

Grants Pass has just one overnight shelter for adults, the Gospel Rescue Mission. It has 138 beds, but rules including attendance at daily Christian services, no alcohol, drugs or smoking and no pets mean many won’t stay there.

Cassy Leach, a nurse, leads a volunteer group providing food, medical care and other basic goods to the town’s hundreds of homeless people. They help relocate their tents to comply with city rules.

At one park last month, she checked on a man who burned his leg after falling on a torch lighter during a fentanyl overdose and brought him naloxone, the opioid overdose reversal medication. In another, she distributed cans of beans, peas and Chef Boyardee mini ravioli from a pickup truck.

“Love, hope, community and a safety net is really as important as a shower and water,”
Leach said.

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Nichole McKendrick holds her two daughters as she speaks after getting free food at Riverside Park on Thursday, March 21, 2024, in Grants Pass, Ore. McKendrick has been living out of a vehicle with her two girls. (AP Photo/Jenny Kane)

Dre Buetow, 48, from northern California, has been living in his car for three years after a bone cancer diagnosis and $450,000 in medical bills. The illness and treatment kept him from returning to his old tree-trimming job, he said.

Laura Gutowski’s husband died from a pulmonary embolism and she suddenly found herself, in her 50s, with no income. They didn’t have life insurance or savings and, within a month, she was sleeping outside in the city she grew up in.

“I used to love camping,” she said through tears. “And now I can’t stand it anymore.”

Volunteers like Leach came to her rescue. “They’re angels,” she said.

But some residents want to limit aid because of the trash left behind after encampment moves or food handouts. The City Council proposed requiring outreach groups to register with the city. The mayor vetoed it, laying bare the discord gripping Grants Pass.

Before the council attempted, unsuccessfully, to override the veto last month, a self-proclaimed “park watch” group rallied outside City Hall with signs reading, “Parks are for kids.” Drivers in passing cars honked their support.

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Cassy Leach, a nurse, who leads a group of volunteers who provide food, medical care and other basic goods to the hundreds of homeless people living in the parks, talks to Kimberly Marie, who is homeless and camping in Fruitdale Park on Thursday, March 21, 2024, in Grants Pass, Ore. (AP Photo/Jenny Kane)

The group regularly posts images of trash, tents and homeless people on social media. On Sundays, they set up camp chairs in what they say is a bid to reclaim park space.

Brock Spurgeon says he used to take his grandkids to parks that were so full it was hard to find an available picnic table. Now, open drug use and discarded needles have scared families away, he said.

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“That was taken away from us when the campers started using the parks,” he said.
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A homeless man taking a bath in the park lake.

Still, Spurgeon said his own brother died while homeless in a nearby city, and his son is living in the parks as he struggles with addiction. Once, he said, he realized with shock that the homeless person covered with blankets that he stepped past to enter a grocery store was his son.

“I miss my son every night, and I hold my breath that he won’t OD in the park,” Spurgeon said.
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A used needle is seen next to orange syringe caps on the ground on Friday, March 22, 2024, in Baker Park in Grants Pass, Ore. (AP Photo/Jenny Kane)

Mayor Bristol and advocates have sought to open a shelter with fewer rules, or a designated area for homeless people to camp. But charged debates emerged over where that would be and who would pay for it.

While support for a designated campground appears to be growing, the problem remains: Many homeless people in Grants Pass have nowhere else to live. And some advocates fear a return of strict anti-camping enforcement will push people to the forest outside town, farther from help.
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A homeless man saving a park watcher!

Even if the Supreme Court overturns the 9th Circuit’s decisions, Bristol said, “we still have 200 people who have to go somewhere.”

“We have to accept that homelessness is a reality in America,” she said.

This broken heart has turned to stone
Go hang your glory on the wall
There comes a time when castles fall
And all that's left is shifting in the sand

You're out of time, you're out of place
Look at your face
That's the measure of a man
This coat that fits you like a glove

These dirty streets you learned to love
So welcome back my long lost friend
You've been to hell and back again
God alone knows how you crossed that span

Back on the beat, back to the start
Trust in your heart
That's the measure of a man
It's the fire in the eyes, the lines on the hand
It's the things you understand

Permanent ties from which you once ran
That's the measure of a man
You've come full circle, now you're home
Without the gold, without the chrome

And this is where you've always been
You had to lose so you could win
And rise above your troubles while you can
Now you can love, now you can lose
Now you can choose
That's the measure of a man




https://apnews.com/article/grants-p...-encampments-a8dcddb518bd76b11d409666c06701b8
 
I guess I fail to see the point of fining them. I have a feeling that the fines will go unpaid and then the next step would probably be jail time. Jailing homeless people seems like an expensive option. It seems like they should already have options for the behavior described in the article. If they are leaving trash everywhere then fine them for littering. If they are doing drugs or shit like that then that's illegal too.

Kinda like laws against being drunk in public. If someone is just drunk and not bothering anyone then I don't see the need for an arrest. If the drunk person does something stupid like pissing on the sidewalk or harassing someone then there's already laws that can be used to arrest them.
 
Does government serve any other function outside of fucking the poor and the working class?

I sympathized at the start and realized that's it unfair to lump all homeless together but it's not really fair for the majority who pay taxes to have to deal with the violent, drug addicted, and mentally ill who are free to do whatever the hell they want with no repercussions. The amount of damage these camps have done to Oregon's wildlife habitats and wetlands is an embarrassment.
 
I don't see how you can possibly find a constitutional argument that allows for fining someone for sleeping or standing in a public space like a park. And I would struggle even more to find a textual or originalist argument for that given the country's rural start.
 
I sympathized at the start and realized that's it unfair to lump all homeless together but it's not really fair for the majority who pay taxes to have to deal with the violent, drug addicted, and mentally ill who are free to do whatever the hell they want with no repercussions. The amount of damage these camps have done to Oregon's wildlife habitats and wetlands is an embarrassment.

Do you keep the same energy for capitalist developers who actually destroy wildlife and wetlands?
 
I don't see how you can possibly find a constitutional argument that allows for fining someone for sleeping or standing in a public space like a park. And I would struggle even more to find a textual or originalist argument for that given the country's rural start.

- I dont have the corage to destroy the tents of the homeless. People that already have nothing!
It's abusrd that.

What next? A execution squad?
 
I don't see how you can possibly find a constitutional argument that allows for fining someone for sleeping or standing in a public space like a park. And I would struggle even more to find a textual or originalist argument for that given the country's rural start.

Originalism is BS. Its common law theres so such thing. The whole point of common law is there is no objective interpretation. Otherwise you've have a civil code. The law is whatever the judge can dream up an explanation for given the text. Its always been that way and the judges pretending its not are just lying through their teeth to give cover to whatever decisions they make.
 
- I dont have the corage to destroy the tents of the homeless. People that already have nothing!
It's abusrd that.

What next? A execution squad?
I'm waiting for the traditional partisan squad to roll in and blame this on Democrats even though one of the interviewed people is homeless due to medical debt.
 
Originalism is BS. Its common law theres so such thing. The whole point of common law is there is no objective interpretation. Otherwise you've have a civil code. The law is whatever the judge can dream up an explanation for given the text. Its always been that way and the judges pretending its not are just lying through their teeth to give cover to whatever decisions they make.
Sadly, yes, originalism is primarily a way to justify the ends for many judges, rather than the actual means. Particularly given the common law history in Europe of public lands being accessible to anyone.
 
- I dont have the corage to destroy the tents of the homeless. People that already have nothing!
It's abusrd that.

What next? A execution squad?

They steal their stuff too.

And yes they are gearing up for that by inciting the heavily armed Fascists to view the homeless as a problem that needs to be eliminated.

This is why solidarity is so important.
 
Obviously the point of a fine wouldn't be to collect the money. Sounds like they're trying to furnish law enforcement with the legal grounds to remove the homeless at their will from places they shouldn't be.

These people are a blight on small town America. That's mentioned in the article. They're littering the ground with thousands of dirty, potentially disease-carrying needles just yards away from playsets built with taxpayer dollars that were meant to be playgrounds for children. That doesn't even mention the trash and pollution they create. My town dredges out many tons of human waste every year because they don't take care of it. Some of this runs off into the river.

So I'm all for it. It's time to get more proactive. It was just so much better for everyone involved when we committed these people to state mental institutions.
 
Grants Pass and that whole county's solution to dealing with the homeless there is to treat them like racoons you don't want hanging around your house.

Minimize services for them, by making it very difficult for any new shelters to open/operate. Harrass them with the thought that they'll get tired of it and leave. Destroy encampments from time to time, leaving the people even more desperate. And when all of that inevitably fails?

Blame California.
 
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Obviously the point of a fine wouldn't be to collect the money. Sounds like they're trying to furnish law enforcement with the legal grounds to remove the homeless at their will from places they shouldn't be.

These people are a blight on small town America. That's mentioned in the article. They're littering the ground with thousands of dirty, potentially disease-carrying needles just yards away from playsets built with taxpayer dollars that were meant to be playgrounds for children. That doesn't even mention the trash and pollution they create. My town dredges out many tons of human waste every year because they don't take care of it. Some of this runs off into the river.

So I'm all for it. It's time to get more proactive. It was just so much better for everyone involved when we committed these people to state mental institutions.
How would you get around the 1st or 8th Amendment issues? Having your stance is defensible, but it's quite hard to find a legal leg to stand on.
 
Obviously the point of a fine wouldn't be to collect the money. Sounds like they're trying to furnish law enforcement with the legal grounds to remove the homeless at their will from places they shouldn't be.

These people are a blight on small town America. That's mentioned in the article. They're littering the ground with thousands of dirty, potentially disease-carrying needles just yards away from playsets built with taxpayer dollars that were meant to be playgrounds for children. That doesn't even mention the trash and pollution they create. My town dredges out many tons of human waste every year because they don't take care of it. Some of this runs off into the river.

So I'm all for it. It's time to get more proactive. It was just so much better for everyone involved when we committed these people to state mental institutions.

Would people without needles be spared this hypothetical enforcement or are you just using that as an excuse to target the entire demographic? Its not a sincere concern its a dog whistle. If it was a sincere concern you'd just make doing drugs in public illegal which it already is and ramp up enforcement on that. But no you're trying to target the homeless, capitalists most vulnerable victims.

Part of why MHI were closed down is people were using them as an excuse to get rid of their spouses and family members who were not actually mentally ill and even if they were the places were terribly abusive. Have you seen a nursing home and how even non marginalized old people are treated? Its horrid. And mental insitutions are far worse.

Also how is a homeless person going to take care of their waste? Like how is that a realistic option for them when they don't have a house. Thats not a fair criticism. "Oh the homeless people are pooping on the street" where do you expect them to poop?
 
Would people without needles be spared this hypothetical enforcement or are you just using that as an excuse to target the entire demographic? Its not a sincere concern its a dog whistle. If it was a sincere concern you'd just make doing drugs in public illegal which it already is and ramp up enforcement on that. But no you're trying to target the homeless, capitalists most vulnerable victims.

Part of why MHI were closed down is people were using them as an excuse to get rid of their spouses and family members who were not actually mentally ill and even if they were the places were terribly abusive. Have you seen a nursing home and how even non marginalized old people are treated? Its horrid. And mental insitutions are far worse.

Also how is a homeless person going to take care of their waste? Like how is that a realistic option for them when they don't have a house. Thats not a fair criticism. "Oh the homeless people are pooping on the street" where do you expect them to poop?
The fact that drug use is illegal, but this persists as a problem, demonstrates precisely why the law is insufficient to deal with the persistence of the problem.

I seek to target the most problematic population. They aren't victims. On the contrary, if anything, they are victimizers. They refuse to change their behavior to stop negatively affecting everyone around them, and to live in accordance with laws governing everyone which were legally established. You clearly have this warped notion they are helpless, or just down on their luck. They are not. Almost anyone familiar with them learns that, for the overwhelming majority of them, their lifestyle is a result of their choices, choices they continue to repeat every day, not an unfortunate conclusion of events or conditions outside their control.
 
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