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42 INTERNATIONAL AWEMainta Diahuebs, 28 September 2023

Anchorage Joins Coalition Urging Supreme

Court Review of Homeless Camping Decision

THE Municipality of Anchorage has aligned itself with a
coalition of over a dozen cities and jurisdictions, making a

collective plea to the U.S. Supreme Court for a review of
a pivotal federal court ruling. This decision has reshaped
the response to homelessness in several Western states in
recent years, and Anchorage, under the leadership of Mayor

Dave Bronson, is seeking greater flexibility in enforcing regu-
lations pertaining to homeless camping on public lands.

At a news conference, Mayor Bronson underscored the

complexity of the homelessness crisis and expressed
concerns about the profound impact of two rulings issued
by the U.S. Court of Appeals for the 9th Circuit, which has
jurisdiction over Alaska and eight other Western states.

The cases in question, Martin v. Boise and Grants Pass v.
Johnson, have centered on the rights of homeless individ-
uals to camp on municipal property when no alternative
indoor shelter is available to them.

Notably, the Supreme Court declined to take up the Martin
The heart of the matter lies in whether local governments v. Boise case in 2019, thereby upholding the 9th Circuit’s
have the latitude to implement bans on homeless camping conclusion. This decision has since come under mounting
in public spaces. The 9th Circuit’s rulings have, to a signif- criticism from various quarters, with concerns spanning

icant extent, shielded homeless individuals from punitive the ideological spectrum. Local governments, regardless
measures, such as jail time or fines, for sleeping outdoors of their political leanings, have grappled with the threat
when homeless shelters are at capacity. This interpreta- of legal action or injunctions when trying to enact policies
tion is based on the Eighth Amendment of the Constitution, addressing homelessness.

which protects individuals from cruel and unusual punish-
ment. The other case, Grants Pass v. Johnson, revolves around the
definition of “camping” on public lands. The 9th Circuit’s
ruling in favor of homeless residents left a critical ques-

tion unanswered—what constitutes a reasonable right for
individuals to protect themselves from the elements when
sleeping outdoors? This ambiguity has left municipalities
and law enforcement agencies uncertain about whether

they can regulate elaborate outdoor camp setups on side-
walks and in public parks.

The decision to join this coalition reflects Anchorage’s

determination to navigate the complex issue of homeless-
ness while also addressing the legal challenges posed by
the 9th Circuit’s rulings.
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As cities grapple with the practical implications of these deci-
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sions, the Supreme Court’s review could offer much-needed
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clarity on how local governments can balance compassion
for the homeless with the broader interests of public safety
25
and land use regulations. The outcome of this legal battle
5
may have far-reaching consequences for municipalities
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across the Western United States.

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