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Are bans on homeless encampments unconstitutional?

  • Brooks Memorial Library Main Street Brattleboro, VT (map)

In 2018, a three-judge panel in the 9th Circuit Court ruled that “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.” With that ruling, Western states could only remove homeless people from public lands when there were beds in public shelters. After that decision, homeless individuals in Grants Pass, Oregon sued the city for banning overnight camping in public parks.

For this Town Hall, we’ll wrestle with the competing arguments presented before the Court. If cities cannot ban overnight camping in public parks, what does that mean for families who depend on that green space? How can towns balance the rights of homeless individuals with the needs of their neighbors?

This series is part of Windham World Affairs Council’s America 250th series, which examines America’s identity and leadership in a changing world.