ACLU Sues Washington State for Anti-Camping Laws

According to an Associated Press article published by ABC News by Clarie Rush, the American Civil Liberties Union filed a lawsuit against the city of Spokane, Washington, on Thursday, alleging that its anti-camping laws violate the state's constitution. Experts believe this is the country's first such legal challenge since the U.S. Supreme Court ruled in June that cities can enforce outdoor sleeping bans even when alternate shelter is not available.

The Supreme Court’s ruling, which many call a landmark decision, found that Grants Pass, Oregon’s camping bans do not violate the Eighth Amendment, which protects against cruel and unusual punishment, even when shelter space is not available. Jazmyn Clark, director of the ACLU of Washington’s Smart Justice Policy Program, told The Associated Press, that Washington State’s constitution only prohibits cruel punishment, with no mention of unusual punishment, which means that if punishing sleeping outside with fines and jail time — Spokane’s ordinances make camping, sitting, or lying on public property misdemeanor crimes, which under state law are punishable by a fine up to $1,000 or jail up to 90 days — is found to be cruel, “that alone is a violation of the state constitution.” Thus, Washington’s state constitution provides more protection than the Eighth Amendment because you do not need to show that the punishment is also unusual.

The lawsuit comes as cities across the country have instituted their own camping bans, following the Supreme Court decision. And while this case is specific to Washington, it could have implications beyond state lines. According to the article, other state constitutions, including those of Pennsylvania, Delaware, Rhode Island, Kentucky and South Dakota, similarly prohibit cruel punishment without mentioning “unusual” punishment.