LOC News
Ninth Circuit Declines to Rehear Case Involving Public Camping Ordinances
On September 28, 2022, the U.S. Ninth Circuit Court of Appeals affirmed Blake v. Grants Pass, a class action matter addressing public camping. The court upheld the U.S. District Court’s prior ruling that persons experiencing homelessness are entitled to take necessary minimal measures to keep themselves warm and dry while sleeping outside. The Ninth Circuit Court of Appeals opined that cities violate the Eighth Amendment of the U.S. Constitution if they punish a person for the mere act of sleeping outside or for sleeping in their vehicles at night when there is no other place in the city for them to go.
The LOC, in conjunction with several other similar organizations across the nation, filed an amicus brief in support of a request from the city of Grants Pass request for a rehearing in front of the full panel of judges.
On July 5, most of the court’s 29 judges voted against the request for a rehearing from the city of Grants Pass. However, the court did issue an amended opinion. The revised opinion slightly softened previous language and held that “it is an Eighth Amendment violation to criminally punish involuntarily homeless persons for sleeping in public if there are no other public areas or appropriate shelters where those individuals can sleep.”
The difference from the previous holding is that sleeping and camping ordinances were unenforceable if there were no other public areas or appropriate shelters for individuals to sleep. The previous opinion limited enforcement when the number of homeless individuals exceeded the number of available shelter beds within the city.
In addition to the amended opinion, several judges filed dissenting statements and opinions in support of the city, creating a favorable record for an appeal to a higher court. The LOC has been notified that the city will appeal the Ninth Circuit Court of Appeals opinion to the U.S. Supreme Court.
As a result of this amended opinion, the LOC has updated its Guide to Persons Experiencing Homelessness in Public Spaces. LOC members are encouraged to reach out to their legal counsel with concerns related to this update. The Ninth Circuit Court of Appeals amended opinion may be accessed here.
Contact: Jayme Pierce, General Counsel - jpierce@orcities.org
Last Updated 7/14/23