The following is presented as part of The Columbian’s Opinion content, which offers a point of view in order to provoke thought and debate of civic issues. Opinions represent the viewpoint of the author. Unsigned editorials represent the consensus opinion of The Columbian’s editorial board, which operates independently of the news department.
Donnelly: Experts more qualified than judges for solution
By Ann Donnelly
Published: July 6, 2024, 6:01am
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The U.S. Supreme Court’s June 28 decision in City of Grants Pass v. Johnson has the potential to impact for the better our community’s approach to homelessness. The opinion presents us with a glimmer of opportunity. In the long run, homeless individuals and communities at large will benefit.
In 2018, the 9th U.S. Circuit Court of Appeals ruled in Martin v. Boise that the Cruel and Unusual Punishment Clause of the Eighth Amendment barred Boise’s enforcement of public camping ordinances if the number of homeless in that jurisdiction exceeds the number of “practically available shelter beds.” The ruling thereby assigned an ever-expanding goal for cities: build shelter housing faster than the rate at which homeless numbers increased.
Until that standard could be certified, encampments on public property, some unsafe, could not be challenged.
Now, the Grants Pass decision overturns Martin v. Boise. It holds that neither Grants Pass’ nor indirectly Boise’s camping and sleeping ordinances constitute cruel and unusual punishment, defined as overly painful, torturous, degrading or humiliating (in the past, disemboweling, beheading, public dissecting and the like).
The 35-page opinion examines that definition, stating “the court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual. The city imposed only limited fines for first-time offenders, an order temporarily barring an individual camping in a public park for repeat offenders, and a maximum sentence of 30 days in jail for those who later violate an order.”
One of the towering advances of our nation’s original formation was the concept of divided powers. The U.S. Supreme Court is the final arbiter of the balance among the branches of government. In deciding for Grants Pass, the Supreme Court restored that power to municipalities, state legislatures and ultimately the voters.
Local advocates for the homeless and for communities at large will henceforth have greater latitude to adjust the balance between accountability and accommodation of the choices of the unhoused to camp on public property.
Post Grants Pass, disagreements will necessarily erupt in local governments and communities, where they can best and most freely be addressed. For example, Oregon’s House Bill 3115 is accommodating to encampments, saying “any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm … on public property … open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.”
Portland City Commissioner Rene Gonzales, running for mayor, advocates repeal of HB 3115, saying that with the court ruling, “A dark period in the West, for Oregon, for Portland, has ended.”
Let Portland voters decide.
The city of Vancouver stated “(the) ruling does not change the urgency surrounding the issues related to homelessness or our continued work on this humanitarian crisis. The Supreme Court recognizes that addressing homeless is complex and best left — not to judges — but to the people and their elected representatives to regulate.”
Clark County adopted a camping ordinance last November, but Sheriff’s Sgt. Chris Skidmore reports no one has been cited to appear in Community Court. He believes “nothing will change” as a result of the Supreme Court decision. But change is now up to the local elected officials, state legislators, and ultimately the voters.
Reflecting community values, Vancouver’s homelessness experts, starting with Michael Lynch of the Ed and Dollie Lynch Fund, Jamie Spinelli, Tyler Chavers and their team, are more qualified than judges to identify solutions to our homelessness crisis.
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