The American Civil Liberties Union sued the city of Spokane on Thursday, alleging that its anti-camping laws violate the state constitution.
It is believed to be the country’s first such legal challenge since the U.S. Supreme Court ruled in June that cities can enforce outdoor sleeping bans.The court’s landmark decision — which found in June that such bans do not violate the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, even when shelter space is lacking — has prompted homeless advocates to seek new ways to challenge laws prohibiting outdoor sleeping.
Pennsylvania, Delaware, Rhode Island, Kentucky and South Dakota have similar language in their constitutions.While Clark believes her group’s lawsuit is the first such challenge filed since the Supreme Court ruling, she said Spokane was targeted because its multiple ordinances against camping and sitting outside create "near-total islands of exclusion throughout the city.
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