WASHINGTON (NEXSTAR) — The Supreme Court heard oral arguments Monday in a case that could impact how cities address homelessness.
The case drew hundreds of demonstrators to the steps of the court, who chanted “housing now” as justices heard arguments over whether the city of Grants Pass, Oregon can punish homeless people for camping in public spaces.
“Can you imagine anything more cruel and unusual than throwing somebody in jail for using a blanket in the middle of the freezing winter?” Jesse Rabinowitz with the National Homelessness Law Center said.
Demonstrators say fining or jailing homeless people makes it harder for them to find housing.
Inside the courtroom, Justice Elena Kagan suggested that Grants Pass’s laws went too far.
“It seems like you are criminalizing the status,” Kagan said to attorneys.
But Chief Justice John Roberts asked if homelessness should be a constitutionally protected status.
“If someone is homeless for a week, and then finds available shelter, is that person homeless when he’s in the shelter?” Roberts said.
The case comes after a lower court ruled in favor of the homeless population, calling it a cruel and unusual punishment to fine and jail someone who doesn’t have anywhere else to go.
Grants Pass Attorney Theane Evangelis urged justices to overrule that decision.
“…which has fueled the spread of encampments while harming those it purports to protect,” Evangelis said.
California Republican Congressman Kevin Kiley says he’s seen the impacts in his own state.
“Kids can’t walk to school without dodging needles or waste. Citizens can’t go to the park without confronting open drug use,” Kiley said.
Kiley says a ruling in favor of Grants Pass would help other cities better handle homelessness.
A decision on the case is expected later this year.