City of Grants Pass v. Johnson (23-175)
argument 23-175City of Grants Pass v. Johnson
Supreme Court of the United States
2h 25m
8 speakers
8 chapters
transcribed 8 days ago
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Transcript generated automatically by AI and may contain errors.
What is the opening argument about the City of Grants Pass camping ordinance?
We'll hear argument first this morning in case twenty-three one seventy five, City of Grant Pass versus Johnson. Ms. Evangelist?
Mr. Chief Justice, and may it please the Court. Like cities nationwide, Grants Pass relies on camping laws to protect its public spaces. These generally applicable laws prohibit specific conduct and are essential to public health and safety. The Ninth Circuit tied cities' hands by constitutionalizing the policy debate over how to address growing encampments. Its holding that the Eighth Amendment bars grants pass from enforcing its camping laws is wrong for three reasons. First, the cruel and unusual punishments clause governs which punishments are permitted, not what conduct can be prohibited. Second, no precedent supports the Ninth Circuit's rule. Respondents in the United States abandon its reliance on Powell.
Instead, they misread Robinson to bar any punishment for involuntary conduct that's linked to a status. But Robinson held only that states cannot outlaw the status of drug addiction. It made clear that they can prohibit conduct like drug use. This court should not rewrite Robinson six decades later. Third, the Ninth Circuit's approach has proven unworkable. The Eighth Amendment does not tell courts who is involuntarily homeless, what shelter is adequate, or what time, place, and manner regulations are allowed. But in 35 suits and counting, federal courts are now deciding everything from the exact size of campsites in San Rafael. Fo. to the adequacy of empty beds at specific shelters, like the Gospel Rescue Mission in Grants Pass.
And cities are struggling to apply arbitrary shifting standards in the field. This court should reverse and end the Ninth Circuit's failed experiment, which has fueled the spread of encampments while harming those it purports to protect. I welcome the court's questions.
Uh, do you consider these uh civil or criminal penalties?
They are both Justice Thomas. Uh there is criminal trespass and
is that involved in this case?
Yes, it is.
To what extent? I mean has any of the petitioners at of any of the parties here been subject to criminal trespass?
Uh well they are at issue in the case the district court enjoined them and yes they they do apply here. Um they are for recidivist uh offences.
But which party has been and held accountable for criminal trespass.
Uh yeah, so here none of the uh individuals who are currently in the case.
So what's involved in this case?
Um for Logan and Johnson, uh civil the civil penalty.
And so what is it the anti camping or what is it?
Yes, it is.
Okay, so that's civil or is it criminal?
Uh the camping ordinance is civil and then for repeat offenders it's punishable. Okay, so but we're
not talking about repeat offenders right now, right? That's correct. So ne so then Have we ever applied the Eighth Amendment to civil penalties?
Uh not the cruel and unusual punishments clause. No.
Council, um what will the city do if you don't prevail here?
The city's hands will be tied. It will be forced to surrender its public spaces as it has been. Unfortunately, beds are going unused at the Gospel Rescue Mission. People are not getting the help that they need. The city is under an injunction here and it's unable to rely on these basic ordinances. And the Ninth Circuit's decisions give cities like Grants Pass no guidance about how they can navigate this very challenging area. The Ninth Circuit has effectively imposed a municipal code under the Ninth Circuit's uh Martin rule to regulate what the city can do in its public spaces.
Council, can I just stop you a moment? The gospel uh unused beds, they're less than a hundred, right?
That's correct.
And there's thousands of homeless.
Uh there are I believe as many as six hundred in Grants Pass according to the district court. But
there's still only less than a hundred bets.
That is right.
Now can I stop you a moment? Um W you uh are not asking us to overturn Robinson, correct?
We think Robinson was wrongly decided and should not be extended, but we don't think that the court needs to overrule it here because
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Chapters
8 chapters
1
What is the opening argument about the City of Grants Pass camping ordinance?
0:00–8:44
2
How do the Justices distinguish between civil penalties and criminal trespass in this case?
8:44–14:08
3
Why do the parties argue that the ordinance targets a status (homelessness) rather than conduct?
14:08–1:05:15
4
How is the necessity defense applied to the homelessness‑sleeping issue and what policy implications does it raise?
1:05:15–1:08:59
5
How do the city’s sleeping bans and park rules affect homeless individuals?
1:08:59–1:26:45
6
When does an individualized assessment of shelter availability become relevant?
1:26:45–1:44:43
7
What is the role of the Eighth Amendment’s “status‑based” principle in this case?
1:44:43–2:00:53
8
How might a state’s necessity defense or new Oregon law change the constitutional analysis?
2:00:53–2:25:56