Communities across the country are grappling with the complex issues presented by growing homeless encampments that have filled parks, blocked building entrances, and overrun sidewalks.  Some observe that their ability to find effective, compassionate solutions have been impacted by the Ninth Circuit opinion in the City of Grants Pass v. Johnson, et al., holding that laws regulating camping on public property constitute “cruel and unusual punishment.”

In a lengthy series of opinions about these purported new rights of the homeless, the Ninth Circuit denied rehearing en banc, setting up a showdown in the Supreme Court where cities, law enforcement, disability rights advocates, property owners, and homeless advocates are looking for a final resolution to the important balance of Constitutional rights and Separation of Powers concerns.



  • William R. Maurer, Managing Attorney of the Washington Office, Institute for Justice
  • McGregor W. Scott, Partner, King & Spalding LLP
  • John F. Bash, III, Partner, Quinn Emanuel
  • [Moderator] Antoinette T. Bacon, US Attorney's Office, Southern District of Florida