The American Civil Liberties Union, the ACLU of Alaska, and 18 other affiliates across the country submitted a friend-of-the-court brief today in Grants Pass v. Johnson, arguing that the Eighth Amendment’s prohibition on cruel and unusual punishment does not allow cities to issue fines or arrest people for sleeping outside in public when they have no access to adequate shelter.
Grants Pass v. Johnson involves an Oregon town that passed ordinances barring people from sleeping outside in public using a blanket, pillow, or even a cardboard sheet to lie on. Last year, the Ninth Circuit Court of Appeals ruled that criminally punishing unhoused people violates the Eighth Amendment “if there are no other public areas or appropriate shelters where those individuals can sleep.” The decision reaffirmed the 2019 ruling in Martin v. Boise, a similar case involving a camping ban in Boise, Idaho.
The ACLU’s amicus brief argues that the original intent and meaning of the Eighth Amendment squarely protects unhoused people from the cruel and unusual punishment of being arrested or fined for simply existing.
“It’s hard to imagine a more stark example of excessive punishment than punishing a person for sleeping with only a blanket to stay warm and get through the night. We’re talking about the most basic human measure of survival,” said Ruth Botstein, Legal Director for the ACLU of Alaska. “Fines, threats of arrest, and moving unhoused people out of sight are not appropriate, humane, or constitutionally sound responses by municipalities with a clear housing problem.”
In September, Anchorage Mayor Dave Bronson directed the Municipality to sign on to an amicus brief that supported the review of Grants Pass v Johnson to allow cities like Anchorage to punish unhoused people for existing outside when there is no indoor shelter available.
“Fifty-two Alaskans died outside in Anchorage in 2023. This all-time high number represents a crisis in our public safety and reflects the urgent need for safe shelter and adequate housing,” said Mara Kimmel, Executive Director for the ACLU of Alaska. “It's critical that leaders spend their energy and resources on real solutions to end homelessness, instead of punishing unhoused people. We can, and should, do better.”
The amicus brief was filed by the national ACLU and ACLU affiliates in Alaska, Arizona, Northern California, Southern California, Delaware, Hawaii, Iowa, Kansas, Kentucky, Missouri, Montana, New Hampshire, New Mexico, New York, Oklahoma, Oregon, South Carolina, Utah, and Washington.
Read the ACLU's press release here.