SCOTUS decision endangers PFRs barred from shelters
The U.S. Supreme Court has rejected a constitutional challenge to ordinances enacted in Grants Pass, Oregon, that punishes homeless people for sleeping on public property when they have nowhere else to go. The highest court in our country is saying that such laws/ordinances are NOT cruel and unusual punishment since “such punishments do not qualify as cruel because they are not designed to ‘superad[d]’ ‘terror, pain, or disgrace.’” The punishment is simply a fine or 30 days in jail.
“The Cruel and Unusual Punishments Clause focuses on the question what ‘method or kind of punishment’ a government may impose after a criminal conviction, not on the question whether a government may criminalize particular behavior in the first place.”
Justice Sonia Sotomayor wrote, “Sleep is a biological necessity, not a crime,” but the majority said the 8th Amendment cannot be used to determine whether criminalizing sleeping in a public place is illegal.
Persons forced to register have difficulty finding homeless shelters to take them in. Oregon is no different. If the 8th Amendment cannot be used to stop the criminalization of homelessness, what defense would?
“Today’s ruling only changes current law in the 9th Circuit Court of Appeals, which includes California and eight other Western states where the bulk of America’s unhoused population lives…It will almost certainly influence homelessness policy in cities around the country. (NPR’s Oregon Public Broadcasting: “US Supreme Court says cities can punish people for sleeping in public places”)
This was a hideous ruling and it will come back to bite them. You can’t arrest people out of homelessness and there isn’t enough jail-space to incarcerate everyone who is homeless, so I really doubt this will be enforced except in the most extreme ‘letter-of-the-law’ counties.
Or if you’re a registrant.
“It will almost certainly influence homelessness policy in cities around the country.”
Supreme Court ruling on homelessness leads the way for Florida public camping ban
https://www.tallahassee.com/story/news/politics/2024/06/28/supreme-court-ruling-boosts-florida-homeless-camping-sleeping-ban/74247068007/
Remember, Floriduh passed HB 1365, “Unauthorized Public Camping and Public Sleeping” into law on March 20, 2024:
Bill as amended of March 5, 2024
https://flsenate.gov/Session/Bill/2024/1365/BillText/er/PDF
Analysis of March 25, 2024
https://flsenate.gov/Session/Bill/2024/1365/Analyses/h1365z.LFS.PDF
Can’t arrest people out of sex offending either.
Exactly what does that mean?
“The Cruel and Unusual Punishments Clause focuses on the question what ‘method or kind of punishment’ a government may impose after a criminal conviction, not on the question whether a government may criminalize particular behavior in the first place.”
Yeah okay that’s cute, but the ruling on just that ONE bullet point creates a ripple effect with punitive side effects which consequently marginalizes and oppresses a targeted group.
This is exactly how they get around and pass unconstitutional laws. They impose a “slight of hand” measure on a group the society thinks is expendable and the result is no push-back or outrage.
We all know they did the same thing with SORNA and Megan’s Flaw with that “legitimate public interest” unfounded, nonsensical opinion. Also, funny how when the courts were pressed to release the names on the Epstein dossier, the courts vehemently opined: “it’s not in the interest of the public to release the names.” That should tell you everything you need to know about America. It protects the elites while throwing the poor with a sex crime under the bus.