Supreme Court Ruling Gives Cities the Power to Criminalize People for Sleeping Outside

by Lauryn Bray

After a 6-3 vote, the Supreme Court ruled on Friday, June 28, that cities do have the power to criminalize homeless people for sleeping in public places, arguing that it is not in violation of the Eighth Amendment's ban on cruel and unusual punishment.

The decision overturned a ruling from the U.S. Court of Appeals for the Ninth Circuit that prohibited the criminalization of the "involuntary homeless," or people camping outside when shelter space is not available. Cities now have the power to criminally enforce camping bans regardless of whether or not shelter space is available.

The decision will significantly impact the City of Burien, which in October 2023 implemented a ban on camping in public spaces from the hours of 7 p.m. to 6 a.m. and is currently in the process of extending this to 24 hours with Ordinance 832. In March, the King County Sheriff's Office (KCSO) sued the City of Burien over the constitutionality of the City's camping ban after the Burien City Council voted 5-2 to pass Ordinance 832.

That same month, Burien filed a lawsuit against KCSO accusing it of breaking its contract with the City for instructing deputies to not enforce anti-camping ordinances.

Though the Supreme Court's ruling sides with the City of Burien, KCSO said it will continue to not enforce Burien's anti-camping ordinance. In a statement to The B-Town Blog, KCSO said, "Friday's U.S. Supreme Court ruling does not change our current policy on enforcing the camping ban in Burien. We will not arrest based on the change in this law until other issues are addressed, such as an ordinance which includes prohibited camping locations and more precision on the conduct prohibited in designated no-camping zones."

Burien Mayor Kevin Schilling also sent a statement to The B-Town Blog in which he said, "The City of Burien contracts with the KCSO to provide law enforcement services. The King County Sheriff has not been enforcing our tent regulation ordinance since April, even after they had previously been enforcing it and, in fact, [helped] craft it. The suit they filed against us in US District Court to determine the ordinance's constitutionality has not been ruled on yet. We await that decision by the US District Court Judge.

"We know, however, that it is constitutional due to the US Supreme Court's opinion on Grants Pass v. Johnson, as well as crafting it within the framework of Martin v. Boise. I would expect that every government follows the rule of law determined by a court, and that includes King County and the Sheriff, especially after King County Executive Dow Constantine praised the US Supreme Court ruling on Friday himself."

Additionally, King County recently rescinded its offer of $1 million and 35 pallet shelters to the City of Burien due to lack of progress in confirming a site, despite the offer being on the table for over a year. The City of Burien currently only has two homeless shelters: Mary's Place, a family shelter with space for 150 people, and Hospitality House, a women's-only shelter with nine beds.

An email sent from King County Executive Dow Constantine's office to Burien City Manager Adolfo Bailon on June 27 reads, "King County is withdrawing its offer of $1 million and 35 pallet shelters to the City of Burien, effective immediately. The formal offer has been on the table for over a year, and despite identifying the urgent need to respond to the homelessness crisis in its jurisdiction as a top priority, the Burien City Council appears to be actively working to put restrictions in place that would exclude pallet shelters on the site they selected."

Editors' Note: This article was updated on 07/01/2024 to correct the name of one of Burien's homeless shelters and its capacity.

📸 Featured Image: Protesters bear signs protesting an Oregon case that could have widespread effects on how cities address homelessness. (Photo: Jay Jones, courtesy of Services Not Sweeps.)