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Are bans on encampments of unhoused people unconstitutional? A Town Hall Exploration with Meg Mott

In 2018, a three-judge panel in the 9th Circuit ruled that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping or lying outside on public property for homeless individuals who cannot obtain shelter.” With that ruling, Western states could only remove people who camp on public lands when there were beds in public shelters. A class action suit from a group of individuals who were unhoused in Grants Pass, Oregon brought suit against the city for violating their constitutional rights. The Supreme Court agreed to hear the case, Johnson v. City of Grants Pass, this term.
This Town Hall considers the best arguments for and against the rights of persons who are unhoused to sleep in public places. Should all cities be restricted from enforcing no-camping ordinances in public parks? Do encampments injure residents who depend on access to green spaces? Does the 8th Amendment even pertain to this situation? Participants will have a chance to explore this complex issue with their neighbors and in the company of the Constitution, led by scholar Meg Mott.
A follow-up Community Discussion of this topic will be moderated by Paul Rodrigue on May 22nd from 6:00-7:30 pm.
Sponsored by Windham World Affairs Council, Vermont Humanities and Compassionate Brattleboro as part of the Part of the 250th Commemoration of the United States.


