Supreme Court to Hear Case
on Rights of Homeless

On April 22, the U.S. Supreme Court will hear a lawsuit with widespread implications about the rights of people experiencing homelessness. This article provides an overview of that case.

What is Johnson v. Grants Pass?

The lawsuit Johnson v. Grants Pass, Oregon, was filed in 2018 on behalf of Gloria Johnson and others. It resulted from the city of Grants Pass enforcing city ordinances that prohibited people sleeping on the streets from using blankets, pillows, and boxes. People were ticketed and given fines for sleeping in public, despite many shelters in the area being full.

The Ninth District Court ultimately ruled in favor of Johnson after finding precedent from another case, Martin v. City of Boise, Idaho. In that case, the court ruled that punishing people for sleeping on the streets was a violation of the Eighth Amendment. That is, it found that laws punishing people for sleeping on the street are considered to be cruel and unusual punishment.

The case has been appealed and on April 22, 2024, the U.S. Supreme Court will begin hearing oral arguments. A decision is expected by June 30, 2024.

What is the impact of this case?

The impact of Johnson vs. Grants Pass would be significant to the criminalization of homelessness across the United States. There are two possible scenarios:

1. Scenario 1: If the court rules in favor of Johnson, people experiencing homelessness could no longer be punished for sleeping on the streets.
2. Scenario 2: If the court rules in favor of Grants Pass, Oregon, jurisdictions will be able to criminalize people experiencing homelessness for sleeping on the streets. Arrests and fines will be permitted.

By drawing attention to this issue, the case is an opportunity to focus on a real solution to ending homelessness and address the lack of attainable, stable housing.

Where can I learn more?

The National Homelessness Law Center has created a Johnson v. Grants Pass website, which provides information about the case and its impacts. Regular updates will be posted there as the case unfolds.