U.S. Supreme Court Upholds Public Camping Bans: San Antonio’s Ordinance Untouched

In the City of San Antonio, Texas, a controversial public camping ban remains undisturbed by the United States Supreme Court’s latest ruling. Announced on June 28, 2024, the Supreme Court upheld local ordinances from across the country, including San Antonio’s, that declare it illegal for people to sleep in public spaces and form homeless encampments.

A Debate Over Basic Human Rights and Homelessness

The 6-3 ruling came in response to a lawsuit questioning the constitutionality of fining and imprisoning individuals experiencing homelessness for overnight camping when there are no available sleeping arrangements. Critics of the bans argue that they violate the Eighth Amendment of the U.S. Constitution which prohibits ‘cruel and unusual punishment,’ essentially criminalizing a fundamental human requirement – the need to sleep.

Interpreting the Eighth Amendment

In his majority opinion, Justice Neil Gorsuch wrote, “The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and, in their place, dictate this Nation’s homelessness policy.” Conversely, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented, expressing concern about the severe choices the ruling imposes on society’s most vulnerable individuals.

Homeless Shelters: A Numbers Game

Many cities, including San Antonio, struggle with insufficient shelter capacity and lack of resources necessary to accommodate their homeless populations. Katie Wilson, executive director of Close to Home, a body that coordinates the local homeless response system, expressed deep concern over the ruling’s potential impacts on communities nationwide. She reiterated that “Criminalizing people for their lack of safe shelter or housing will never be the answer to addressing homelessness. It is important that communities across the country, including ours, do not change course based on this ruling.”

San Antonio’s Camping Ban: A Closer Look

San Antonio’s camping ban, in force since 2005, outlaws public camping without a permit and identifies violations as a class C misdemeanor, punishable by a fine of up to $500. In 2021, Texas enforced a similar statewide ban. While San Antonio’s elected officials, law enforcement, and nonprofit leaders acknowledge that homelessness cannot be mitigated by arrests alone, the city enhanced its encampment cleanup program earlier this year.

Public Response and Resources Allocation

In a survey conducted this month, San Antonians ranked homeless services and encampment cleanups as top-ranked priorities for the city’s budget for the second consecutive year. San Antonio has been making strides in providing permanent supportive housing and low-barrier shelters, even though a count carried out in January showed a 6.8% increase in homelessness in Bexar County compared to last year.

Remaining Challenges and Future Outlook

Despite improvements, challenges persist. Out of the approximately 3,300 individuals experiencing homelessness noted in a January point-in-time count, 888 were unsheltered. The Supreme Court ruling and its aftermath will undoubtedly influence discourse and policy around the welfare of the homeless in San Antonio and across the United States.