The ruling gets rid of a key constitutional protection that homelessness advocates had been using to contest municipal laws they said were too harsh on homeless people.

Hawaii may have more leeway to pass laws removing homeless people from sidewalks and other public spaces following a U.S. Supreme Court ruling Friday.

The ruling comes out of the small Oregon town of Grants Pass, which bans outdoor camping on public property. Homeless repeatedly cited for sleeping in public spaces in the town can face a jail sentence of up to 30 days. Opponents of the ban say that it unconstitutionally targets homeless people, but the Supreme Court鈥檚 ruling allows the town to maintain the ban.聽

Municipalities around the country can now enact stricter laws, which supporters of the decision said gives the City and County of Honolulu one more tool for keeping the sidewalks clear.

鈥淲e were pleased with the outcome of this decision,鈥 deputy corporation counsel Ernest Nomura said.

An example of a homeless tent/shelter predominates the image
Homeless encampments that block the sidewalk are health hazards and make it difficult for other residents to navigate Honolulu’s streets, the city says. They expect that the Supreme Court’s decision will make it easier to pass laws banning encampments on public property. (David Croxford/Civil Beat/2024)

The city struggles to balance keeping the sidewalks clear with respecting the constitutional rights of homeless people who may have nowhere else to go. Tents and shopping carts block the sidewalk in some areas of Honolulu, making it difficult to get by.

Enforcement won鈥檛 change overnight as a result of the decision. But the ruling means that council members could pass stricter laws policing homelessness.  

One possibility is that council members could expand the hours of the city鈥檚 sit-lie ban, which makes it illegal to sit or lie in certain commercial areas of Honolulu between 5 a.m. and 11 p.m. 

鈥淭he legal concerns that motivate, for example, City Council, to limit the scope of sit-lie are lesser,鈥 American Civil Liberties Union Legal Director Wookie Kim said.

Opponents to such bans often point to the Eighth Amendment鈥檚 prohibition against cruel and unusual punishment. They say that criminalizing activities such as outdoor camping with fines and jail time essentially criminalizes being homeless.

But that鈥檚 not cruel and unusual, according to Friday鈥檚 ruling on 6-3 vote along ideological lines. The majority opinion, authored by Justice Neil Gorsuch, says that cruel and unusual punishment is more about how somebody is punished . 

That鈥檚 a blow to homeless advocacy groups that use the Eighth Amendment to contest municipal policies they say target homeless people. 

The ACLU is currently suing the city over its sit-lie laws. In January a judge rejected the group鈥檚 demand that the city halt enforcement. Kim said that while the Eighth Amendment was previously a key legal tool for advocates against laws like this, there are still other tools, including Hawaii鈥檚 constitution. 

Partners in Care executive director Laura Thielen said that governments should tackle homelessness by giving more resources to social workers and psychiatrists and by not relying too much on shelters, many of which . 

鈥淭he shelters are not a replacement for housing,鈥 she said.

John Mizuno, the state鈥檚 homelessness coordinator, made a similar point in a statement he issued following the Supreme Court鈥檚 ruling.

鈥淕overnor Green believes that sweeping houseless individuals without providing housing or safe options is disruptive and unsustainable. Low-barrier housing, like kauhale tiny home villages, can address this by offering a home and a safe place for those facing housing instability,鈥 he said. 

Council member Tyler Dos Santos-Tam, who introduced , supported the Supreme Court鈥檚 decision and said that it gives municipalities more control over how they handle homelessness.

鈥淚 think the public understands that we need every tool available,鈥 he said.

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