The Unconstitutionality of Homeless Status-Based Punishment

🚫Status-based punishment schemes for homeless people are categorized as cruel and unusual under the Eighth Amendment.

💤The city's ordinances define camping as being homeless while covered with a blanket, punishing homeless people for simply sleeping.

🧥Non-homeless people are allowed to rest on blankets in public parks, while homeless people doing the same thing are breaking the law.

🏞️The ordinances make it physically impossible for homeless people to live in Grants Pass without facing fines and jail time.

🧩The key question is whether there's any meaningful difference between a law that says being homeless is punishable and a law that says being homeless while engaging in basic human activities is punishable.

Are there laws that specifically criminalize being homeless?

—Yes, the city's ordinances define camping as simply being homeless while covered with a blanket, making it punishable.

Can non-homeless people rest on blankets in public parks?

—Yes, the ordinances permit non-homeless people to rest on blankets in public parks without breaking the law.

Do the ordinances make it impossible for homeless people to live in Grants Pass?

—Yes, the ordinances impose fines and jail time on homeless people, making it physically impossible for them to live in the city.

Why are status-based punishment schemes considered cruel and unusual?

—Status-based punishment schemes are considered cruel and unusual because they punish individuals based on their status, such as being homeless, rather than their conduct.

What is the key question regarding the ordinances?

—The key question is whether there is any meaningful difference between a law that says being homeless is punishable and a law that says being homeless while engaging in basic human activities is punishable.

00:08The case of Robinson v. California held that status-based punishment schemes for homeless people are categorically cruel and unusual under the Eighth Amendment.

00:24The city's ordinances in Grants Pass define camping as being homeless while covered with a blanket, imposing punishment on homeless people for simply sleeping.

00:39Non-homeless people are allowed to rest on blankets in public parks, while homeless people doing the same thing are breaking the law.

01:14The ordinances make it physically impossible for homeless people to live in Grants Pass without facing fines and jail time.

01:58The city's ordinances turn its homelessness problem into someone else's problem by forcing homeless residents into other jurisdictions.