North Michigan News

On June 28, 2024, the US Supreme Court released its decision in the case of Grants Pass v. Johnson. The Court ruled that the enforcement of generally applicable laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment of the Constitution, allowing the city of Grants Pass to enforce its camping ordinances in public parks.

The issue before the court was the constitutionality of ordinances in an Oregon town that prohibit individuals experiencing homelessness from using blankets, pillows, or cardboard boxes for protection from the elements while sleeping within city limits. The city defended these ordinances, arguing they uniformly prohibit camping on public property for everyone. The challengers argued these ordinances effectively criminalize homelessness.

In its opinion, the Court acknowledged homelessness is a complex crisis with many causes and that appropriate public policy responses are similarly complex. The Court noted homelessness has reached its highest levels since data collection began in 2007; those experiencing homelessness are diverse—young and old, belonging to all races and creeds—and become homeless for various reasons, many beyond their control.

As encampments have grown in number and size, so have associated challenges for both homeless individuals and others. The Court highlighted that recent increases in encampments have led to a rise in crimes both against and by homeless individuals.

Traverse City has an ordinance stating no person shall camp within any park or park overnight any house trailer or camping vehicle. A violation is considered a civil infraction.

Communities nationwide are grappling with how best to address these challenges. The Supreme Court's decision impacts how cities manage encampments and provides flexibility for Traverse City to handle situations like those at the Pines.

“The Supreme Court's decision preserves to individual municipalities the decision as to which policy responses to the homelessness crises are best,” stated Lauren Trible-Laucht, City Attorney. “There may be disagreement in that regard, but we will continue to examine our practices, balance the needs and interests of housed and unhoused community members, and work with our local partners to address these complicated issues.”

“The issue of camping recreationally in a city park or on public property versus camping because you have nowhere else to go is markedly different,” said Traverse City Mayor Amy Shamroe. “As we continue collaborating with our partners to address the homeless situation in Traverse City, the health and safety of all community members remain our priority.”

“The City’s approach emphasizes compassion yet is strategic,” added Traverse City Police Chief Matt Richmond. “We will continue collaborating with community partners to provide services and support while maintaining public order and ensuring safety for all residents.”