Johnson v. City of Grants Pass

“The Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018).

The City appealed a permanent injunction that prohibited the City from enforcing several “anti-sleeping,” “anti-camping,” and “park exclusion” ordinances that issued civil citations. The City assigned error to court’s finding that the ordinances violated the Cruel and Unusual Punishment Clause. The City argued that the civil citations imposed by the ordinances did not violate the Cruel and Unusual Punishment Clause because they were not criminal punishments. Further, the City argued Martin did not apply to the ordinances because the ordinances addressed the use of bedding supplies and not simply sleeping in public. “The Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.” Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018). The Court reasoned that because violations of the ordinances did eventually lead to criminal trespass if a person was found in a park after they were issued a civil citation, the ordinances imposed criminal penalties in violation of Martin. Further, the Court reasoned that prohibiting the use of bedding materials while sleeping outside deprived people of “rudimentary protection from the elements,” which was impermissible under the Eighth Amendment. Affirmed in part, vacated in part, and remanded.