Supreme Court Could Decide on Homeless Public Sleeping

The Supreme Court will be considering for the first time whether the Constitution gives homeless people a right to sleep on the sidewalk.

1 minute read

December 9, 2019, 5:00 AM PST

By urbanguy


Homeless Seattle

Romi Chiorean / Flickr

The Supreme Court "will be weighing Boise's appeal of a much-disputed ruling by the 9th Circuit Court of Appeals that held last year that it was cruel and unusual punishment to enforce criminal laws against homeless people who are living on the street if a city doesn’t offer enough shelters as an alternative," reports David G. Savage.

In August, Boise formally asked the U.S. Supreme Court to consider its appeal in the case of Martin v. Boise, the "camping lawsuit" that arose from enforcement of a city ordinance that banned homeless people from sleeping in public places.

The U.S. 9th Circuit Court of Appeals ruled in September 2018, and upheld in April 2019, that cities cannot prosecute people for sleeping on the streets if there is nowhere else for them to go, saying that violates the Eighth Amendment and amounts to unconstitutional cruel and unusual punishment.

Friday, December 6, 2019 in Idaho Statesman

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Historic homes in St. Augustine, Florida.

Florida Considers Legalizing ADUs

Current state law allows — but doesn’t require — cities to permit accessory dwelling units in single-family residential neighborhoods.

March 18, 2025 - Newsweek

Aerial view of suburban housing near Las Vegas, Nevada.

HUD Announces Plan to Build Housing on Public Lands

The agency will identify federally owned parcels appropriate for housing development and streamline the regulatory process to lease or transfer land to housing authorities and nonprofit developers.

March 17, 2025 - The Wall Street Journal

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

Brick buildings on small town street with red awnings on first floor businesses.

Research: Walkability Linked to Improved Public Health

A study reveals that the density of city blocks is a significant factor in communities’ walkability and, subsequently, improved public health outcomes for residents.

2 hours ago - Great Lakes Echo

Aerial view of neighborhood under construction with houses and vacant lots.

Report Outlines Strategies for Resilient Wildfire Recovery in LA

Project Recovery offers a roadmap for rebuilding more sustainable and climate-resilient communities after wildfires and other disasters.

3 hours ago - Urban Land Institute

Red rock landscape in Bears Ears National Monument, Utah.

New Executive Order Renews Attack on Public Lands

An order issued late last week pushes for increased mineral extraction on federally owned public lands.

4 hours ago - Rocky Mountain Community Radio