Facing a crisis over homelessness, West Coast cities say they need clear authority to restrict camping on public property
The Supreme Court is being urged to weigh whether homeless people have a constitutional right to sleep on public sidewalks and camp in parks.s ban on “cruel and unusual punishments” to prohibit West Coast cities from making it a crime to sleep or camp on public property.Judge Marsha Berzon, a senior liberal on the appeals court, cited Supreme Court decisions from the early 1960s, which said that drug addicts and alcoholics may not be punished simply because they have an addiction.
But the non-decision left the constitutional dispute untouched, and the issue is now back before the high court in a new appeal from a small city in southern Oregon. Their appeal filed late Tuesday argues that the 9th Circuit’s ruling and the federal judges who have applied it “have erected a judicial roadblock preventing a comprehensive response to the growth of public encampments in the West. The consequences of inaction are dire for those living both in and near encampments: crime, fires, the reemergence of medieval diseases, environmental harm, and record levels of drug overdoses and deaths on public streets....
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