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Supreme Court to weigh constitutionality today of anti-camping ordinances in major homelessness case
Washington — The Supreme Court is convening Monday to hear arguments in a dispute over whether laws that ban public camping violate the Constitution’s prohibition on cruel and unusual punishment.
The case is the most significant involving homelessness to come before the nation’s highest court in decades, and its outcome could impact how cities and states respond to high rates of homelessness that have given rise to encampments on public property.
The dispute involves the constitutionality of laws that punish homeless people with civil citations for camping on public property. Arguments come as the nation confronts a spike in homelessness driven in part by high housing costs, and a ruling is likely to reach beyond the borders of the Oregon city at the center of the dispute.
There were an estimated 256,000 unsheltered people in the U.S. on a given night in 2023, according to a December report from the Department of Housing and Urban Development. Homelessness rose 12% from 2022 to 2023, its highest level since tracking began in 2007, the report found, as housing prices soared and pandemic-era assistance programs expired.
At the center of the case is Grants Pass, a city of roughly 40,000 in southern Oregon with ordinances that bar camping or sleeping on public property or in city parks. The city’s rules define “campsite” as “any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed.”
Violators face fines of at least $295, but repeat offenders may be banned from a city park for 30 days. If a person violates that order by camping in a park, they are committing criminal trespass, punishable by up to 30 days in jail and a $1,250 fine.
The city said in court papers that it enforced the ordinances “with moderation,” issuing more than 500 citations from 2013 to 2018. A policy from the Grants Pass Department of Public Safety states “homelessness is not a crime,” and the department does “not use homelessness solely as a basis for detention or law enforcement action.”
In 2018, three homeless people in Grants Pass sued the city on behalf of its homeless population, alleging its public sleeping and camping ordinances unconstitutionally punished them by violating the Eighth Amendment’s protections against cruel and unusual punishment.
A federal district court in Oregon ruled for the challengers and barred Grants Pass from enforcing the public-camping ordinances during daytime hours without 24-hour notice, and at night entirely against the roughly 600 homeless people in the city. A divided three-judge panel of the U.S. Court of Appeals for the 9th Circuit upheld the district court’s ruling as to the public-camping rules.
“The City of Grants Pass cannot, consistent with the Eighth Amendment, enforce its anti-camping ordinances against homeless persons for the mere act of sleeping outside with rudimentary protection from the elements, or for sleeping in their car at night, when there is no other place in the city for them to go,” Judge Roslyn Silver, who was on the 9th Circuit panel, wrote for the majority.
The full 9th Circuit declined to rehear the case over the dissent of 13 active judges and four senior judges.
Grants Pass officials appealed the ruling to the Supreme Court, arguing that “modest” fines and short jail terms for camping on public property are not cruel and unusual punishments under the Eighth Amendment.
They said that allowing it to stand prevents governments from “proactively addressing the serious social problems associated with the homelessness crisis,” and threatens many other criminal prohibitions.
“The homelessness crisis is a significant challenge for communities large and small throughout the nation. But ‘[n]ot every challenge we face is constitutional in character,'” lawyers for the city wrote in a filing. “And the solution is not to stretch the Eighth Amendment beyond its limits and place the federal courts in charge of this pressing social problem.”
But Ed Johnson, director of litigation at the Oregon Law Center, who brought the suit on behalf of the homeless people in Grants Pass, said the word “camping” in the city’s ordinances is misleading.
“The city has simply described the condition of living outside while trying not to die of hypothermia, and called it camping,” he said in a call with reporters, noting that Grants Pass has no homeless shelters and a “severe” shortage of affordable housing.
He said the Eighth Amendment does not allow governments to fine, arrest and incarcerate those with no place else to go.
“Our case has always been about this narrow and fundamental issue that’s currently before the Supreme Court,” Johnson said. “Can a city make it illegal on every inch of city land, every minute of the day, for people to live outside when they have nowhere else to go? We believe the answer is no.”
In court filings, Johnson and his co-counsel accused the city of punishing homeless people for sleeping or resting “anywhere on public property at any time with so much as a blanket to survive the cold” and said the laws make it “physically impossible for a homeless person who does not have access to shelter” to stay in Grants Pass without facing fines and jail time.
Efforts to address a homelessness crisis
The dispute has attracted input from a range of advocacy and law enforcement organizations, cities, states, members of Congress and the Biden administration.
The Justice Department said in a filing that the 9th Circuit was right to find that the Eighth Amendment prohibits a local government from effectively criminalizing homelessness by prohibiting individuals who lack access to shelter from residing in that area. But it said applying that principle to a particular person requires a look at their circumstances, and the lower court was wrong to issue the broad injunctive relief that it did.
Those broad injunctions issued by U.S. district courts “may limit cities’ ability to respond appropriately and humanely to encampments and other legitimate public health and safety concerns,” Solicitor General Elizabeth Prelogar, who represents the government before the Supreme Court, said.
She urged the Supreme Court to wipe away the 9th Circuit’s decision and send the case back for further proceedings.
Several major cities have asked the justices to allow them to address public health and safety concerns that arise from homeless encampments.
The city of Phoenix and the League of Arizona Cities and Towns said municipalities must have the authority to “arrest, cite, or forcibly remove individuals camping on public property when their actions jeopardize public safety.” In San Francisco, which is facing a homelessness crisis, city leaders told the Supreme Court that the 9th Circuit’s decision has prevented it from enforcing six state and local laws that place limits on where and when homeless people can sleep and erect tents on public property.
“The city has been unable to implement the considered policy decisions of its Mayor and local legislature; unable to enforce the will of San Francisco voters; unable to allow conscientious City employees to do their jobs; and unable to protect its public spaces,” lawyers for the city said in their brief, filed in support of neither party.
The lower court decisions have “harmed both San Francisco’s housed and unhoused populations by causing obstructed and inaccessible sidewalks, unsafe encampments, and fewer unhoused people to accept services,” they continued.
A decision from the Supreme Court is expected by the end of June.
Usher accepted the lifetime achievement award at the 2024 BET Awards – even if the superstar mused it might be a bit early.
The Grammy winner stayed on his feet as a parade of artists performed his hits – Childish Gambino kicked it off with “U Don’t Have to Call,” joined by Keke Palmer, who took the lead on “You Make Me Wanna…” Coco Jones appeared in the audience for a sultry rendition of “There Goes My Baby,” serenading Usher and his wife Jenn Goicoechea.
Aude Guerrucci / REUTERS
Summer Walker hit the stage for “Good Good,” Tinashe did “Nice & Slow,” Marsha Ambrosius tackled “Superstar” and Chlöe performed “Good Kisser.” Teyana Taylor and Victoria Monét teamed up for “Bad Girl,” mirroring Usher and Beyoncé’s choreography from their performance of the song. Latto brought the energy for “Yeah!” In some ways, the homage underscored the women that carried much of the night – dominating the performances.
After introductions by Terry Lewis and Jimmy Jam, Usher accepted the award from music executive L.A. Reid.
“Getting here has definitely not been easy, but it has been worth it,” Usher began his lengthy speech, reflecting on his career, which has spanned over three decades. He questioned the timing, saying, “I’m still running and gunning and I still love this (expletive) like I did when I was 8 years old,” he said.
Much of his speech couldn’t be heard to audiences at home because it was censored.
“I forgive each and every person who had anything to say negative about me because it only motivated me to be who I am,” he said at one point.
Earlier in the night, Will Smith stood in a circle of fire – joined by Fridayy and the gospel choir Sunday Service – to make the live debut of his latest single, “You Can Make It.”
“I don’t know who needs this right now,” Smith opened his set. “But I am here to tell you, you can make it.”
Mid-way through, Kirk Franklin joined, and then two rapped together. “Nobody gets an easy ride,” Smith, who is in the midst of his comeback from slapping Chris Rock at the Oscars two years ago, told the room. “There is wisdom in that fire. Dance in your darkest moments.”
Aude Guerrucci / REUTERS
The forthcoming presidential election was a huge topic of conversation throughout the show. After Childish Gambino presented Killer Mike with the album of the year award for “Michael,” the rapper used his acceptance speech to address his Grammys arrest and voting.
“Technically, I was not supposed to be here. I was put in handcuffs, and I was marched out of this building. But I want to tell you, look at God. ‘Cause I’m back, baby. I’m back and I’m winning,” he said in his speech. Killer Mike was arrested at the Grammys earlier this year over a physical altercation he said was caused by an “over-zealous” security guard; he was not charged over the incident.
“They going to tell you who we vote for is important,” he continued his speech, “And it is who we vote for on the big stage. It’s important, but it’s more important you know who your city council person is, who your prosecutor is.”
Megan Thee Stallion opened the show by emerging from an egg – a metaphor for her a new musical rebirth – before diving into with an energetic medley of her new singles “Hiss” and “Boa.”
“BET, Where my girls at?” she said, shouting out Monét and Jones in the crowd before launching into “Where Them Girls At” – a track that’s been an immediate fan favorite since Friday’s release of her third studio album, “Megan.”
Taraji P. Henson hosted the show at the Peacock Theater in Los Angeles. Her opening monologue was a performance, Henson rapping “It’s about us,” in a loose parody of Kendrick Lamar’s “Not Like Us,” which he released in the midst of his reignited feud with Drake.
“No beef in here tonight,” she joked, “Can we say plant-based?”
Tyla, the Johannesburg , South African amapiano superstar, won two honors on the show, starting with best international act.
Later in the night, she’d take home the award for best new artist. “This is crazy,” she said. “I just want to dedicate this one to Africa.”
Monét, who earlier this year won the Grammy for best new artist, made her BET debut and set a high bar for performances, condensing a full set into a few mins with three costume changes and a pair of songs, “On My Mama” and “Alright.”
Then Sexyy Red took the stage, performing her smooth bedroom ballad “U My Everything” before moving to another stage and a costume change – tackling “Get It Sexyy” in front of an LED screen depicting the White House and dancers dressed like the Secret Service.
The show took a tonal shift when VanVan and Heiress Harris, two child rappers, their empowerment anthem “Be You” in a school room set. Harris is the daughter of rapper T.I. and singer Tiny Harris.
Best female R&B/pop artist went to SZA and best actress to Regina King, both of whom were not in attendance; the BET HER award went to Monét for “On My Mama.” She brought her mother up to accept it.
Country musician Tanner Adell brought her “Buckle Bunny” and her new song, “Cowboy Break My Heart.” GloRilla emerged from above, descending to join her dancers for “Yeah Glo!” and “Wanna Be” – the latter of which saw a surprise appearance from Megan Thee Stallion. Shaboozey kept the country coming with “A Bar Song (Tipsy)” and was joined by rapper J-Kwon, who appears on the track, creating an unexpected and rewarding collaboration across genres.
Lauryn Hill closed the night, beginning with “The Miseducation of Lauryn Hill” going into “Lost Ones,” before introducing her son YG Marley for his reggae tracks “Survival” and “Praise Jah In The Moonlight.” Best of all: Wyclef Jean appeared, and the trio – in front of a full-band – performed Fugees’ “Fu-Gee-La.” Pras, the third member of Fugees, was not present. The rapper, who was accused in multimillion-dollar political conspiracies spanning two presidencies, was convicted in April.
Boeing announced plans to acquire Spirit AeroSystems for $4.7 billion in an all-stock transaction. Spirit is part of the aerospace giant’s supply chain.
Boeing, located in Arlington, Virginia, announced the purchase in a statement early Monday. Spirit is headquartered in Wichita, Kansas.
At about the same time, European aerospace giant Airbus said it had entered into an agreement to buy “major activities related to Airbus” from Spirit.
Under intentions laid out in the announcements, Boeing would take over most of Spirit’s operations.
Spirit builds fuselages and other significant parts for both Boeing and Airbus.
The Airbus agreement is set to commence when Boeing’s acquisition of Spirit is completed, the two U.S. companies said.
The Boeing acquisition’s equity value of $4.7 billion is $37.25 per share, while the total value of the deal is around $8.3 billion, which includes Spirit’s last reported net debt, Boeing said.
Airbus said it would “be compensated by payment of $559 million” from Spirit “for a nominal consideration of $1.00, subject to adjustments including based on the final transaction perimeter.”
Boeing on why it’s making the move
Boeing President and CEO Dave Calhoun said in the company’s statement that, “We believe this deal is in the best interest of the flying public, our airline customers, the employees of Spirit and Boeing, our shareholders and the country more broadly.”
Boeing previously owned Spirit, and Boeing said bringing the supplier back into the Boeing fold would improve plane quality and safety, which have come under increasing scrutiny by regulators, Congress and airlines.
“By reintegrating Spirit, we can fully align our commercial production systems, including our Safety and Quality Management Systems, and our workforce to the same priorities, incentives and outcomes – centered on safety and quality,” Calhoun said.
The purchase of Spirit would reverse a longtime Boeing strategy of outsourcing key work on its passenger planes. That approach has been criticized as problems at Spirit disrupted production and delivery of popular Boeing jetliners, including 737s and 787s.
Concerns about safety came to a head after the Jan. 5 blowout of a panel on an Alaska 737 Max 9 at 16,000 feet over Oregon. The Federal Aviation Administration soon after announced increased oversight of Boeing and Spirit.
Plea deal for Boeing?
Separately, the Justice Department on Sunday presented Boeing with a plea deal after it accused Boeing of violating the terms of a 2021 deferred prosecution agreement that was put in place following two 737 Max crashes in 2018 and 2019.
The department told Boeing it could plead guilty or go to trial, people familiar with the talks confirmed to CBS News. The agreement would have the company plead guilty to the conspiracy charge it originally faced in 2021. In exchange, Boeing would pay a fine and enter a three-year probationary period, the people said.
The DOJ outlined the deal in a presentation to family members of the 737 Max crash victims earlier Sunday before presenting it to Boeing.
News of the plea deal was first reported by Reuters.
If Boeing agrees, a judge would have to sign off on the accord.
But Paul Cassell, an attorney who represents 15 of the victims’ families, told CBS News the proposal was “another sweetheart plea deal” and said the families will “strenuously object” to the deal.
Titanium parts a concern
On another safety front, the FAA said in June it is investigating how titanium parts that were sold with falsified quality documentation were used in the construction of Boeing and Airbus passenger jets in recent years.
Boeing and Airbus said the planes with the falsely documented parts are safe to fly, but Boeing said it would remove affected parts from planes that had not yet shipped to airline customers.
Americans have a specific dollar figure in mind for what it would take to financially secure, according to a new survey from Bankrate. That magic number? $186,000 in annual income.
Currently, only 6% of U.S. adults make that amount or more, Bankrate said. The median family income falls between $51,500 and $86,000, according to the latest federal data.
Attaining a sense of financial security means paying all of one’s bills as well as purchasing some wants, while having enough left over to save for the future, the personal finance site said. However, many inflation-weary consumers are experiencing increased financial stress, with a new Federal Reserve Bank of Philadelphia survey finding that 35% of Americans are worried about making ends meet, up from 29% a year earlier.
That gap between what the typical American makes now and what they aspire to earn means “Americans have their eyes set on this high income, and they think they need to make more money even if they know it’s unrealistic they’ll never make that amount,” Sarah Foster, an analyst at Bankrate, told CBS MoneyWatch.
Earning more remains at the top of many Americans’ priorities as the price of shelter, food and medical care remain stubbornly high after two years of rising inflation. To cope, consumers are cutting spending on dining out, entertainment and travel, a TransUnion study found.
Bankrate’s survey of 2,400 Americans in mid-May found that younger generations are more optimistic about eventually earning enough to live comfortably.
What does it take to be rich?
Americans have an even higher yardstick for feeling rich. The survey found they believe they would need to earn $520,000 a year to qualify as wealthy — up from their $483,000 response during the same survey last year.
The rising cost of consumer goods is a chief reason for the increase, Foster said. “Inflation is the centerpiece to this narrative,” Foster said. “Americans know where the bar is for living comfortably, but every time they get there, the cost of living goes up and the bar grows further and further away.”
Another recent report found that adults in major U.S. cities need to earn $96,500 annually before taxes to afford basic necessities and savings, while a two-parent household with two children needs a combined $235,000 for a comfortable life.
Interestingly, 2023 research from the late Nobel Prize-winning economist Daniel Kahneman and colleagues suggests that happiness does increase with income, up to about $500,000 – roughly the income Americans told Bankrate would make them feel rich.
