US Supreme Court: Anti-camping rules not prohibited as ‘cruel and unusual punishment’

The US Supreme Court ruled today in a case with sweeping national impact involving homelessness, by deciding 6-3 in favor of the City of Grants Pass, Oregon, which enacted anti-camping regulations that imposed civil punishment for homeless people sleeping in public places.

The high court said enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment to the US Constitution.

The court’s ruling comes as Maui County and many other jurisdictions around the country struggle with homeless issues. Most recently, the Maui County Council passed Bill 95 in response to post-Lahaina wildfire fears and the potential of fire threat to Pāʻia town.

The bill calls for the closure of the mauka portion of Holomua Road above the entrance to old Maui High School. Parking and vehicle access would be prohibited on the lower portion of the road from 7 p.m. to 7 a.m.

Advocates of people without shelter argued that the measure is anti-homeless and would criminalize homelessness. Some said the measure would draw legal action.

The Maui County Department of the Corporation Counsel is reviewing the Supreme Court decision to determine if it will result in any substantial change to any county policies, according to the Mayor’s Office Communications Team.

Council Chair Alice Lee said: “While we still need our Corporation Counsel to provide guidance, I am glad that we have clarity in how to help (the Maui Police Department) and social services providers address concerns related to our unsheltered population.”

Ruling with the Supreme Court majority were Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Barrett. Dissenting were Justices Sonia Sotomayor, Elena Kagan and Ketanji Jackson.