U.S. Supreme Court to hear lower court ruling on urban camping bans

The U.S. Supreme Court has agreed to consider a lower court ruling affecting how local governments can respond to people experiencing homelessness.

The U.S. Court of Appeals for the 9th Circuit in City of Grants Pass v. Johnson ruled that a town in Oregon violated Eighth Amendment protections against cruel and unusual punishment by citing people for urban camping. Now, the U.S. Supreme Court is expected to weigh in on whether it violates the Eighth Amendment to ban camping on public property.

The Grants Pass case reaffirmed a person's right to live on the street if no shelter is available. Urban camping bans are considered "cruel and unusual punishment" and are not permitted under the U.S. Constitution as long as there is no alternative shelter, according to 9th Circuit precedent.

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Several Arizona entities, spurred by the legal battle over "The Zone" homeless encampment in Phoenix, called on the U.S. Supreme Court to weigh in on how cities can respond to rising street homelessness.

In its legal filing from Sept. 25, Phoenix said the Grants Pass precedent significantly limits "the ability of municipalities to address public health and safety concerns from homeless encampments." The city wants the high court to overturn the 9th Circuit decision, allowing cities to more easily clear encampments.

State lawmakers House Speaker Ben Toma, R-Glendale, and Senate President Warren Petersen, R-Gilbert, submitted briefs arguing that communities should be able to decide how to handle unhoused populations in their cities.

Earlier this month, a group of Phoenix City Council members discussed in a public meeting whether to pursue a new partial ban on homeless encampments. Councilmember Ann O'Brien said she was working behind the scenes to pass a camping ban measure in Phoenix for areas near schools, daycares and potentially city parks.

The U.S. Supreme Court has not yet scheduled oral arguments in the Grants Pass case.

Republic Reporters Helen Rummel and Taylor Seely contributed to this story.

Reach the reporter at jjenkins@arizonarepublic.com.

This article originally appeared on Arizona Republic: U.S. Supreme Court: to hear urban camping ban case from lower court