Supreme Court case could impact how cities handle homelessness

RIO GRANDE VALLEY, Texas (ValleyCentral) — The Supreme Court heard arguments in a case that could impact how cities across the nation handle homelessness on Monday.

The case comes after a city in Oregon is fining people for sleeping or camping in public places.

The city of Grants Pass, Oregon issued over 500 tickets for camping in public between 2013 and 2018.

Individuals can face fines of up to $295 and risk 20 days in jail for repeated violations. Those looking to overturn the law cite it as overly broad, with the ordinance defining camping as anywhere that has bedding, sleeping bag or other material used for bedding purposes.

Abril Luna with the Brownsville Police Department said Texas has a similar law.

“Prohibited camping is a Texas Penal Code law. So, it’s not just a Brownsville thing," Luna said. "This Penal Code Law states that any person camping on a public place may be arrested or cited, it is a Class C Misdemeanor.”

Luna added that while the rules may be similar, there are key differences. For example, the law doesn't make it illegal to take a nap on a park bench.

The law only applies to situations where someone has a shelter up and store personal belongings there or cook meals at that location.

Although the department does enforce the law, it's not a high priority for officers, according to Luna.

“We start enforcing it when people start calling or when it’s becoming a safety thing where you’re prone to get hit in that area where you’re staying at," Luna said.

In 2018, a group of people who were homeless sued Grants Pass and argued the law is a violation of the Eighth Amendment which prohibits cruel and unusual punishment.

During oral arguments, Justice Sonia Sotomayor argued the law wasn't being applied equally and the city was only enforcing it against those it knew to be homeless.

The Ninth Circuit Court of Appeals agreed the fines were unenforceable and the city appealed.

Chief Justice John Roberts asked attorneys about the best way to define homelessness. He wondered if someone was homeless one day and if they suddenly didn't become homeless the next if they found room in a shelter.

Victor Rivera, Executive Director of Loaves and Fishes in Harlingen, said that according to the Texas Homeless Network, there can be several broad definitions that describe homelessness.

“It could be defined as homeless if they’re couch surfing, if they’re moving from home to home to home and they don’t have a place to stay for an extended amount of time that they really call their home," said Rivera.

Legal experts say there's good reason to believe the court will side with the city and uphold its system of fines.

A decision in the case is expected to be announced later this Summer.