
A decision by the U.S. Supreme Court allowing cities to enforce bans on sleeping outside in public spaces has left some worried that local homeless people will become targets of law enforcement and City enforcement.
In a 6-3 ruling, the High Court upheld a ban on camping and found laws that criminalize sleeping in public spaces do not violate the Eighth Amendment’s protections against cruel and unusual punishment.
“This Supreme Court decision basically criminalizes being unhoused. The affordable housing crisis has resulted in increased homelessness,” Rev. Bert Newton. “We should be providing homes and treatment rather than prosecuting people who have nowhere to go for the unavoidable “crime” of merely existing.”
In the majority opinion, Justice Neil Gorsuch said that state and local leaders should make policy on homelessness not federal judges.
“Homelessness is complex,” Gorsuch said in the court’s opinion. “Its causes are many. So may be the public policy responses required to address it. At bottom, the question this case presents is whether the Eighth Amendment grants federal judges primary responsibility for assessing those causes and devising those responses. It does not.”
The City’s latest homeless population count remained unchanged from the previous year—at 556 individuals—but underwent significant shifts in demographics and subpopulations.
“The City is considering the approach that is best suited for Pasadena, in view of all options available,” said Pasadena Public Information Officer Lisa Derderian. “In the meantime, we have made big strides in assisting our unhoused individuals and responding to encampments through our homeless outreach teams.”
The City has several programs to help unhoused people living in Pasadena.
The Pasadena Outreach Response Team’s (PORT) goal is to identify individuals impacted by chronic homelessness and, through supportive services and case management, assist them in moving off the streets into permanent housing.
PORT incorporates validated, evidence-based practices tailored to the needs of Pasadena’s homeless population. PORT is a partnership between City departments and community providers to help homeless individuals overcome the issues contributing to their homelessness.
PORT is a street-based approach that engages, assesses, serves and provides links to housing opportunities for those experiencing chronic homelessness, severe mental illness, substance use disorders, physical disabilities and complex chronic health conditions.
The PORT team is comprised of a case manager (social worker), public health nurse, firefighter, and an outreach worker from Union Station Homeless Services.
The City Homeless Outreach Psychiatric Evaluation (HOPE) Team responds and handles any homeless or mental health related calls for service by assessing the client and finding an appropriate resolution. They maintain a liaison with other related agencies, groups and mental health professionals.
“These teams in coordination with our community partnerships have proven to be very impactful,” Derderian told Pasadena Now.
Despite the Supreme Court’s ruling, one local organization that provides services to the homeless said the ruling does undermine the Eighth Amendment.
“The recent ruling by the US Supreme Court in the Johnson v. Grants Pass case is profoundly troubling and sets a dangerous precedent. By upholding ordinances that effectively criminalize basic human survival activities such as sleeping outdoors when no shelter is available,” said Mario Galeano, Vice President of Development for USHS. “The Court is endorsing policies that punish people for their status of being homeless. This ruling undermines the protections afforded by the Eighth Amendment against cruel and unusual punishment.”
Galeano said criminalizing the act of sleeping is essentially criminalizing the very act of living.
“This approach does not solve the problem of homelessness but exacerbates it by marginalizing those who are already vulnerable and forcing them further into the shadows. Instead of addressing the root causes of homelessness, such as the lack of affordable housing and insufficient support services, this ruling endorses punitive measures that are both inhumane and ineffective.”
“As an organization dedicated to supporting homeless individuals, Union Station Homeless Services believe in solutions that provide safe, permanent housing and the supportive services to help people rebuild their lives. This decision by the Supreme Court is a step backward in the fight for justice and equity, and we urge policymakers to focus on humane, trauma-informed, and effective solutions to homelessness.”
The ruling stems from a case in Grants Pass, a city with approximately 40,000 residents and an estimated 500-600 people experiencing homelessness on any given night.
The city passed ordinances that prohibited ‘camping’ on public property, broadly defined to include using materials for bedding to maintain a temporary place to live. Violations could result in fines of up to $295 per offense and potential jail time for multiple offenses.
In 2018, Gloria Johnson and John Logan, along with Debra Blake (who passed away during litigation), challenged the constitutionality of the city’s ordinances. A federal district court ruled in favor of the plaintiffs and barred the city from enforcing the ordinances at certain times and under specific circumstances.
The Ninth Circuit Court of Appeals affirmed the district court’s decision in 2022. However, the U.S. Supreme Court reversed this ruling in June 2024, holding that the enforcement of laws regulating camping on public property does not constitute ‘cruel and unusual punishment’ prohibited by the Eighth Amendment.
Laws like the one at issue here punish people who don’t have access
to shelter, amounting to cruel and unusual punishment,” wrote Sonja Sonomayer.
Justices Elena Kagan and Ketanji Brown Jackson joined her dissent.
“Sleep is a biological necessity, not a crime,” Sotomayor wrote.
“For some people, sleeping outside is their only option.”