LAS VEGAS, Nev. (FOX5) – The cities of Las Vegas and Henderson ask the U.S. Supreme Court to weigh in on a case that could impact how local governments nationwide enforce bans on homeless people camping on public streets.
Both parties in the “Grants Pass, Oregon v. Gloria Johnson” case appeared before the justices this week. The cities of Las Vegas and Henderson joined a group of Western cities that filed an amicus brief to ask SCOTUS to rule on the case.
In the city of Grants Pass, a woman was fined for sleeping in her car when the city does not have a homeless shelter. Attorneys for the woman and other homeless individuals argue that sleeping is a basic human function and their rights were violated.
The Ninth Circuit Court of Appeals ruled in the plaintiffs’ favor, arguing that fines constitute cruel and unusual punishment in violation of the Eighth Amendment.
Attorneys for the city of Grants Pass argued before the Justices that cities must have the ability to protect and patrol public spaces.
The amicus brief joined by Las Vegas and Henderson, filed last fall, states that there are public safety concerns from homeless camps such as “garbage, human waste, and other health hazards like used needles,” and asks the court “to restore the power to address homelessness to local communities and their elected officials.”
The Nevada Housing Justice Alliance hopes the Supreme Court rules in their favor, which could impact a sidewalk camping ban from the City of Las Vegas that was passed in 2019. The city’s ordinance prohibits camping on sidewalks as a misdemeanor with a $1,000 fine or jail time, except when local homeless shelters have no space. Mayor Carolyn Goodman and other city officials argue that the ordinance spurs people to get off the streets and seek the city’s services from the Courtyard instead.
“This shouldn’t be a country where we want to disappear people or we don’t want to see people because their financial situation makes us uncomfortable. Hopefully, the Supreme Court holds municipalities like the city of Las Vegas accountable to taking care of their residents, and not just trying to sweep them off into jail,” said Lauren Martin of the Progressive Leadership Alliance of Nevada. “If the Supreme Court rules that people can’t sleep outside or camp in public spaces, I think that it’ll criminalize a large population of people,” Martin said.
The City of Las Vegas sent this statement to FOX5:
“The city hopes the U.S. Supreme Court gives clarity and finality—either way—to how cities across the country can or cannot use their police powers to address the unhoused issue.”
The City of Henderson sent this statement to FOX5:
“The City signed onto the brief for the reasons outlined in the brief and believes that restoring the City’s full powers to address the homeless crisis does not hinder its growing efforts to provide housing and resources.
The City utilizes a citywide approach requiring collaboration by various City departments in an effort to balance the rights of unhoused individuals and the quality-of-life issues for all other citizens. This approach resulted in the creation of the Henderson Homeless Response Team (HHRT) whose goal is to engage the individuals who are unhoused with the ultimate goal of removing barriers and connecting them to the necessary social services. HHRT continues their relationship with the individuals and provides case management services to assist them in overcoming the obstacles that prevent them from obtaining safe, stable housing.”
Chair Tick Segerblom of Clark County sent FOX5 this statement:
“Parks and trails and sidewalks must be maintained for everyone. At the end of the day we can’t forget that the unhoused are humans who deserve compassion and help.”
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