Legal Judg(e)ments

Can Cities Arrest People for Sleeping Outside?


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Cities across the United States are grappling with how to manage public spaces amid the rising homelessness population. In this episode of Legal Judg(e)ments, host Bob Stetson is joined by Ed Johnson of the Oregon Law Center, who represented the respondents in the case of City of Grants Pass v. Johnson, to discuss the case, which was decided by the Supreme Court. This legal battle challenged a set of ordinances in Grants Pass, Oregon, that made it unlawful for individuals to sleep outside, including in vehicles or with basic protection from the elements, such as blankets or sleeping bags.

Bob and Ed unpack the legal arguments, including the role of the Eighth Amendment’s status-versus-conduct framework, the Supreme Court’s reversal of the Ninth Circuit, and what this decision means for municipalities trying to balance public space regulation with constitutional rights.

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Legal Judg(e)mentsBy Bernkopf

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