CTTO/Texastribune
The U.S. Supreme Court issued a ruling on Friday that effectively supports the ability of cities and states to impose fines on individuals experiencing homelessness for sleeping in public places, despite record-high levels of homelessness.
The justices ruled that Grants Pass, a small town in Oregon, could continue fining people for sleeping outside, declaring the practice a constitutional response to the nation’s homelessness crisis.
Although the case did not specifically challenge camping bans in major Texas cities such as Austin and Houston, advocates for the homeless view the ruling as an endorsement of such policies. This decision could encourage state and local governments to implement similar bans without necessarily providing housing options. Critics argue that these measures fail to address the root causes of homelessness, particularly the shortage of affordable housing, and complicate efforts for the homeless to access essential services.
“Homelessness is the result of a nationwide affordable housing crisis so that’s what we need to solve,” said Eric Samuels, president and CEO of the Texas Homeless Network. San Antonio Mayor Ron Nirenberg also condemned the ruling, stating it “paves the way to criminalize homelessness.” He emphasized that homeless individuals require permanent supportive housing, healthcare, and basic dignity, not criminal penalties. “We cannot arrest our way out of homelessness,” Nirenberg wrote on X, formerly known as Twitter.
Conversely, the Cicero Institute, an Austin-based think tank that advocates for public safety, praised the decision. “This historic ruling ensures that elected leaders have the ability to take action to improve community safety and protect property owners — action supported by a bipartisan majority of voters across the nation,” said Stefani Buhajla, a spokesperson for the institute.
The case originated from Grants Pass, Oregon, where officials imposed $295 fines on individuals for sleeping outside. An appeals court later overturned the law, arguing that fining homeless individuals with no alternative shelter violated the Eighth Amendment’s ban on cruel and unusual punishment. However, the Supreme Court’s conservative majority disagreed. Writing for the majority, Justice Neil Gorsuch acknowledged the complexity of homelessness but maintained that the Eighth Amendment “does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy.”
The ruling arrives amid a nationwide surge in homelessness, exacerbated by high rents and the expiration of pandemic-era protections that previously helped low-income households remain housed. In Texas, the number of individuals experiencing homelessness rose by more than 12% in 2023, returning to pre-pandemic levels. Federal estimates indicate that 27,377 Texans were homeless last year, with about 11,700 living in unsuitable conditions such as outside, in their cars, or in other non-residential spaces.
