Courthouse Steps Preview: City of Grants Pass, Oregon v. Johnson

City of Grants Pass, Oregon v. Johnson concerns whether the sections of the Grants Pass Municipal Code which prohibit sleeping/camping on public property like parks and streets constitute "cruel and unusual punishment" as prohibited by the Eighth Amendment. The codes in question only impose civil penalties, which can, in certain circumstances develop into criminal penalties. The case parallels the 2018 case Martin v. City of Boise, in which the Ninth Circuit held that criminal penalties for sleeping/camping on public property violated the Eighth Amendment. Grants Pass raises the question of whether that extends to civil penalties.

The case was originally filed in 2018 by a group of individuals including Gloria Johnson affected by the Grants Pass Municipal Codes, and in 2022 the Ninth Circuit decided in favor of the group. The city appealed and it is set to be heard at the Supreme Court on Monday, April 22.

Supporters of the city of Grants Pass have argued that these codes and those like them are important for addressing issues of local governance and public health and safety. They contend having courts meddle in issues that pertain to local matters is dangerous and preempts local law enforcement and governments from serving their communities. Detractors claim that the codes endanger those who are involuntarily homeless and impose disproportionate punishment for a non-criminal status.

Join us for a Courthouse Steps preview on this interesting case at the intersection of Criminal Law, Federalism and Separation of Powers, and Property rights.

Featuring:

• Mark Miller, Senior Attorney, Property Rights, Pacific Legal Foundation

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.