With homelessness on the rise, the Supreme Court weighs bans on sleeping outdoors

Activists demonstrate at the Supreme Court as the justices consider a challenge to rulings that found punishing people for sleeping outside when shelter space is lacking amounts to unconstitutional cruel and unusual punishment, on Capitol Hill in Washington, Monday, April 22, 2024. (AP Photo/J. Scott Applewhite)

The Supreme Court wrestled with major questions about the growing issue of homelessness on Monday as it considered whether cities can punish people for sleeping outside when shelter space is lacking.

It’s the most significant case before the high court in decades on the issue, and comes as record numbers of people are without a permanent place to live in the United States.

The case started in the rural Oregon town of Grants Pass, which began fining people $295 for sleeping outside as the cost of housing escalated and tents sprung up in the city’s public parks. The San Francisco-based U.S. 9th Circuit Court of Appeals struck down the law under its holding that banning camping in places without enough shelter beds amounts to cruel and unusual punishment.