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    15 months ago

    This is the best summary I could come up with:


    A state judge in Arizona also recently urged the Supreme Court to take up the matter, arguing Martin and Grants Pass both “tie the hands of cities that seek in good faith to address the growing homeless encampment epidemic.”

    In their lawsuit, attorneys representing the plaintiffs noted the dearth of affordable housing and homeless shelters in the city, and blasted Grants Pass’s arguments that unhoused people could simply leave and go elsewhere.

    “I see it as a clarification of Martin,” said Tars, of the National Homelessness Law Center, saying that Grants Pass clarifies “that you have to look at the collective impact of all these different ordinances — including anti-sleeping bans or rules barring being in parks after dark — that can make it illegal to exist basically anywhere in public even if they have no other place to do so.”

    Ed Johnson, the director of litigation at the Oregon Law Center and the lead attorney representing the homeless plaintiffs in Grant Pass, told Vox that the decision is being greatly mischaracterized by opponents.

    In efforts to both crack down on encampments but comply with the Ninth Circuit decisions, some cities and states have pushed more punitive legislation, like bills to make camping a felony, or criminalize sleeping outdoors on public property except within designated areas.

    As pressure to clear encampments mounts, many homeless advocates fear that new laws mandating treatment will be indiscriminately applied to those sleeping outside, and even more so if Martin and Grants Pass no longer provide a check on local governments’ behavior.


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