A federal appeals court Wednesday refused to rehear a three-judge panel’s ruling that prohibited the city of Grants Pass, Oregon, from criminally punishing homeless people who sleep in public places when they have nowhere else to go.
Last year, the three-judge 9th Circuit panel upheld a lower court’s injunction that directed Grants Pass not to enforce its public camping and park exclusion ordinances against “involuntarily homeless persons” for the “mere act of sleeping” or camping in public spaces when “there is no other place in the city for them to go.”
O’Scannlain, joined by 14 other judges, argued that the original opinion has paralyzed cities from addressing the significant problem of homelessness and removed their authority to craft public policy. He also argued that the U.S. Supreme Court hasn’t found that the Eighth Amendment applies to conduct not of one’s free choice, and that local officials should have the right to prohibit a “species of antisocial conduct.”
Smith said the Grants Pass ruling has set up unelected federal judges as “homelessness policy czars” instead of doing what they should be doing: Applying the rule of law. To clear up any potential confusion, Silver and Gould removed a statement from their original opinion that referenced the number of homeless individuals in a jurisdiction compared to the number of shelter spaces available.
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