Homeless-Encampment Culture Is Cruel and Unusual

Throughout the West Coast, homeless encampments have led to outbreaks of diseases, such as typhus, that are associated with pre-civilized times. Progressive judges, however, believe that what’s really barbaric are communities’ attempts to regulate homelessness. The Ninth Circuit Court of Appeals, headquartered in California, has ruled that laws against public camping violate the U.S. Constitution’s ban on “cruel and unusual punishments.” Those rulings have paralyzed cities’ ability to address deteriorating street conditions.

But change may be afoot. On April 22, the Supreme Court will hear oral arguments in Grants Pass v. Johnson. Under review is a 2022 Ninth Circuit decision about municipal restrictions on public camping. Many expect that ruling to be reversed, empowering state and local policy-makers to take action against homelessness.

About the Author

Stephen Eide

Stephen Eide is a senior fellow at the Manhattan Institute, a contributing editor of City Journal, and a 2024–25 public scholar at the City College of New York’s Moynihan Center.

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Throughout the West Coast, homeless encampments have led to outbreaks of diseases, such as typhus, that are associated with pre-civilized times. Progressive judges, however, believe that what’s really barbaric are communities’ attempts to regulate homelessness. The Ninth Circuit Court of Appeals, headquartered in California, has ruled that laws against public camping violate the U.S. Constitution’s ban on “cruel and unusual punishments.” Those rulings have paralyzed cities’ ability to address deteriorating street conditions.

But change may be afoot. On April 22, the Supreme Court will hear oral arguments in Grants Pass v. Johnson. Under review is a 2022 Ninth Circuit decision about municipal restrictions on public camping. Many expect that ruling to be reversed, empowering state and local policy-makers to take action against homelessness.

About the Author

Stephen Eide

Stephen Eide is a senior fellow at the Manhattan Institute, a contributing editor of City Journal, and a 2024–25 public scholar at the City College of New York’s Moynihan Center.