Grants Pass: Understanding Impact, Overcoming Precedent, Advancing Alternatives

Certification Maintenance

Course Details

In Grants Pass v. Johnson, the Supreme Court overturned established precedent on the limits of municipal authority to regulate and enforce penalties for sleeping outdoors. This decision has and will immeasurably impact the unhoused. Although the ruling allows state and local governments to criminalize homelessness in response to the affordable housing crisis, some alternatives center dignity and equity and protect public health, safety, and welfare for all residents. This presentation:

• Outlines the legal history and evolving case law that led to the Grants Pass decision;
• Examines the essential legal tension: Eighth Amendment (and other civil rights) protections versus municipalities’ police power, authority, and obligations, underscoring how the ruling fails to address the root causes of homelessness;
• Surveys contrasting precedent at the state court and municipal regulatory levels to help planners understand and navigate conflicting legal responsibilities; and
• Highlights real-world, equitable alternatives developed through the collaborative efforts of local governments, nonprofits, and homeless, affordable housing, and civil rights advocates.

Learn how planners and communities can overcome precedent to promote public welfare and safeguard the rights of the unhoused.

Learning Outcomes

• Understand the legal history and evolving case law that led to the Grants Pass decision
• Reflect on conflicting legal obligations and equity ideals faced by planners, land use lawyers, and local government leaders in navigating responses to homelessness and the affordable housing crisis.
• Explore equitable alternatives to the criminalization of unhoused and precariously housed populations.