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City considers total ban on public camping after court ruling

September 25, 2024 | Buckley, Pierce County, Washington


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City considers total ban on public camping after court ruling
In a recent city council meeting, discussions centered on the implications of a recent U.S. Supreme Court decision regarding camping bans in public spaces. City Attorney Phil outlined the legal landscape following the ruling, which overturned previous restrictions that made it difficult for cities to enforce such bans, particularly in cases where individuals had no alternative shelter.

The Supreme Court's decision clarified that while cities can impose camping bans, they must navigate potential due process concerns. This ruling stems from earlier cases in Boise, Idaho, and Grants Pass, Oregon, where courts deemed it unconstitutional to penalize individuals for sleeping in public when no shelter was available. The Supreme Court's stance indicates that while camping bans do not inherently violate the Eighth Amendment's prohibition against cruel and unusual punishment, they may still face challenges under other legal frameworks.

Phil noted that the city could adopt a complete ban on camping but suggested a cautious approach, allowing for modifications should future legal challenges arise. He referenced an ordinance from Kelso, which effectively prohibits camping while permitting limited overnight use of vehicles and tents, as a potential model for the council to consider.

The council expressed interest in addressing the issue of camping in public areas, particularly in parks and along trails, reflecting concerns about public safety and community standards. As cities grapple with homelessness and public space usage, the council's forthcoming decisions will likely shape local policies and community dynamics in the months ahead.

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