A city in Washington state was sued Thursday, arguing that its ban on public camping violates the state constitution.
The American Civil Liberties Union (ACLU) has sued the city of Spokane over a city ordinance that makes camping on public land a misdemeanor, and after a Supreme Court ruling in June found that the anti-camping law does not violate the U.S. Constitution's prohibition against cruel and unusual punishment, Spokane joined several other cities, including San Francisco, in enforcing the anti-camping law. (RELATED: Gov. Gavin Newsom approves removal of homeless camps)
Similar laws banning homeless camps faced legal challenges before the court's ruling, but this is the first challenge since the ruling. according to To the Associated Press.
Washington State Constitution The ordinance only prohibits “cruel punishment,” which Jazmine Clark, director of the ACLU of Washington's Smart Justice Policy Program, said the city's law could be violated.
“There's no need to show that these punishments are unusual,” Clark told The Associated Press, pointing out the difference between the arguments against the state and previous Supreme Court decisions.
Andrea Suarez dismantles a tent as trash piles up at a homeless camp in Seattle, Washington on March 13, 2022. (Photo by John Moore/Getty Images)
“This Spokane case is another opportunity for us to build those protections under the state constitution, which is more protective than the federal constitution,” Clark told The Associated Press.
The lawsuit was filed on behalf of homeless and formerly homeless individuals who face penalties under several city ordinances, including those banning homeless encampments within three blocks of a homeless shelter and those banning people from lying on downtown sidewalks after midnight.
The city of Spokane has faced at least 114 lawsuits over its encampment ordinance in 2024. The city has had a revised version of the ordinance in place since 2014.
Spokane has seen an upturn in its homeless population in recent years. report A 15% drop is expected between 2023 and 2024. Still, there were 2,021 homeless people counted on the city's streets in January.
Seattle, Washington, has the third largest homeless population in the country. according to The city of Seattle has implemented a similar camping ban and has seen success in reducing crime rates, according to U.S. News & World Report, The Seattle Times reported. report.
The ACLU and the city of Spokane did not immediately respond to requests for comment.
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