LAS VEGAS, Nev. (FOX5) – The cities of Las Vegas and Henderson have asked the U.S. Supreme Court to weigh in on a case that could impact how local governments nationwide enforce bans on homeless people camping on public streets.

Both parties in the “Grants Pass, Oregon v. Gloria Johnson” case appeared before the justices this week. The cities of Las Vegas and Henderson joined a group of Western cities to file an amicus brief to ask SCOTUS to rule on the case.

In the city of Grants Pass, a woman was fined for sleeping in her car when the city does not have a homeless shelter. Attorneys for the woman and other homeless individuals argue that sleeping is a basic human function and their rights were violated.

The Ninth Circuit Court of Appeals ruled in the plaintiffs’ favor, arguing that fines constitute cruel and unusual punishment in violation of the Eighth Amendment.

Attorneys for the city of Grants Pass argued before the Justices that cities must have the ability to protect and patrol public spaces.

The amicus brief from Las Vegas and Henderson states that there are public safety concerns from homeless camps such as “garbage, human waste, and other health hazards like used needles,” and asks the court “to restore the power to address homelessness to local communities and their elected officials.”

The Nevada Housing Justice Alliance hopes the Supreme Court rules in their favor, which could impact an anti-camping ban from the City of Las Vegas that was passed in 2019. The city’s ordinance prohibits camping on sidewalks as a misdemeanor with a $1,000 fine or jail time, except when local homeless shelters have no space. Mayor Carolyn Goodman and other city officials argue that the ordinance spurs people to get off the streets and seek the city’s services from the Courtyard instead.

“This shouldn’t be a country where we want to disappear people or we don’t want to see people because their financial situation makes us uncomfortable. So hopefully, the supreme court holds municipalities like the city of Las Vegas accountable to taking care of their residents, and not just trying to sweep them off into jail,” said Lauren Martin of the Progressive Leadership Alliance of Nevada.

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