Supreme Court ruling on homeless camping bans buoys Florida’s in-state crackdown

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A ruling by the U.S. Supreme Court is good news for a law that is intended to curb a persistent and growing issue in Florida.

The 6-3 verdict in the Oregon case of City of Grants Pass v. Johnson, one rendered along traditional ideological lines in the high court, suggests that the Supreme Court approves the legal framework for regulation of public sleeping and camping by unhoused people.

Sen. Jonathan Martin and Rep. Sam Garrison, both Republicans, pushed HB 1365 through the Legislature in the 2024 Session as a “carrot and stick” approach and a “Florida model” for dealing with the problem. Gov. Ron DeSantis approved the framework.

The ruling, which reverses a previous appellate decision in the Ninth Circuit, suggests Florida’s law will not be challenge-prone unless the Court radically changes in the future.

“Grants Pass’s public-camping ordinances do not criminalize status. The public-camping laws prohibit actions undertaken by any person, regardless of status. It makes no difference whether the charged defendant is currently a person experiencing homelessness, a backpacker on vacation, or a student who abandons his dorm room to camp out in protest on the lawn of a municipal building,” the Court noted

The majority opinion, authored by Justice Neil Gorsuch, goes on to note federal prohibitions on “the storage of … sleeping bags,” “sleeping activities” on park lands and “dangerous” encampments, further bolstering the constitutional legitimacy of the Oregon law for the majority.

House sponsor Garrison is hailing the ruling.

“Today’s USSC ruling is a victory for common sense and judicial restraint,” the Fleming Island Republican said.

“Justice Gorsuch states it perfectly: ‘Homelessness is complex. It’s causes are many. So may be the public policy responses to address it.’ Florida has chosen to reject comfortable inaction and tackle this problem head on. That is our right, and our obligation. We will continue to work with all 67 counties in our state to support innovative solutions that simultaneously protect public spaces and respect the dignity of every human being.”

Florida’s law requires local jurisdictions to pick a piece of public property and wrangle people who are camping or sleeping in public spaces toward that location. Local camps must include clean restrooms, running water, security on premises and bans on drugs and alcohol. It bans counties and municipalities from permitting public sleeping or camping on public property without explicit permission.

“This ruling is a reminder that laws intended to maintain a civil and orderly society are not ‘cruel and unusual,’” Martin added. “I look forward to supporting future legislation that keeps our public spaces safe and accessible to everyone while ensuring the efficient and compassionate delivery of services to those in need.”

The bill, passed by an 82-26 vote in the House and a 27-12 vote in the Senate, would ban counties and municipalities from permitting public sleeping or camping on public property without explicit permission.

It also compels these localities to round up the homeless and put them somewhere. Local camps must include clean restrooms, running water, security on premises and bans on drugs and alcohol.

Furthermore, these camps can’t be permanent, but must be moved every 365 days.

Ahead of the bill’s passage, the sponsors and DeSantis sold the legislation.

The Governor said the law, which takes effect in October, will keep streets “clean” and “safe” for residents.

“We have to govern this state and our communities with an eye towards what’s in the best interest of the law-abiding citizen, what’s in the best interest of families who are trying to raise kids, what’s in the best interest of our seniors who are here to retire. That’s what it’s got to be,” DeSantis said, framing the legislation as a “quality of life” issue.

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The Associated Press contributed to this report.