Decided
City of Grants Pass v. Johnson
Ending the Punishment of Poverty An Oregon city called Grants Pass enacted “public camping” laws that banned people who are homeless from using blankets, sleeping bags, or any “material used for bedding purposes” to sleep anywhere in public in the city, under penalty of hefty fines and potential jail time. A class of involuntarily homeless residents of the city challenged the laws, and in support of the class, the MacArthur Justice Center represented four criminal law and punishment scholars as amici curiae. Our brief argued that these ordinances violated the Eighth Amendment because it is not lawful to punish someone who has done nothing wrong, like the people in Grants Pass who must sleep outside because they have nowhere else to go.