Supreme Court rules that outdoor camping bans are lawful. How could that decision affect Albuquerque?

Albuquerque city officials say they will be evaluating how a U.S. Supreme Court decision regarding encampment ordinances may affect Albuquerque.

The high court’s decision released Friday involves the Oregon city of Grants Pass, which was issuing fines as large as $295 for people sleeping outdoors. A California appellate court found that with insufficient indoor shelter available in Grants Pass, the fines amounted to a cruel and unusual punishment — a violation of the Eighth Amendment.

The Supreme Court overturned that decision 6-3, finding that outdoor camping bans don’t constitute a cruel or unusual punishment.

An August hearing date in a lawsuit filed against the city of Albuquerque alleging it violated the civil rights of homeless people was vacated, pending a decision in the Grants Pass case. A new date has not been set, according to court records.

“The Court cannot say that the punishments Grants Pass imposes here qualify as cruel and unusual,” Justice Neil Gorsuch wrote in the Supreme Court’s majority decision. “The city imposes only limited fines for first-time offenders, an order temporarily barring an individual from camping in a public park for repeat offenders, and a maximum sentence of 30 days in jail for those who later violate an order.”

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson filed a dissenting opinion.

“Sleep is a biological necessity, not a crime,” Sotomayor said as she read the dissenting opinion. “Homelessness is a reality for so many Americans.”

The Albuquerque lawsuit was filed by eight homeless people, who alleged their rights had been violated by the city during the 2022 closure of Coronado Park and other encampment sweeps. Attorneys representing the plaintiffs have argued there are insufficient indoor shelter spaces for the thousands of people living on the streets.

The most recent point-in-time count — a snapshot of how many people are homeless on a single night — identified close to 3,000 people living unsheltered in the city, although organizers said it was likely an undercount.

A preliminary injunction, which limited the circumstances under which the city could require people camping outside to leave or could seize their belongings, went into effect Nov. 1. The injunction was vacated in May.

The injunction cited both the Eighth Amendment, much like the Grants Pass Court of Appeals decision, and the Fourth Amendment, which prohibits unreasonable search and seizure.

A news release from the city of Albuquerque said it “appreciates more flexibility to enforce ordinances” following the Supreme Court decision.

The release said the city responds to more than 50 encampments per day.

“I know there will be mixed reactions to this ruling in our community,” Mayor Tim Keller said in a statement. “So I want to be clear — the City will continue to do everything in our power to get people the help they need and to deal promptly with illegal encampments.”

The American Civil Liberties Union of New Mexico, one of the groups representing the plaintiffs in the Albuquerque lawsuit, indicated a state constitution argument could still be pursued and called fines or jail time imposed for sleeping outside “inhumane and ineffective.”

“Here in New Mexico, we believe our state constitution provides broader protections than its federal counterpart,” Maria Archuleta, communications director for ACLU New Mexico, said in a statement. “We will continue to push back against municipalities that criminalize people for simply existing in public spaces.”

Injunction aimed to mitigate city's sweep of homeless encampments. But some say it's happening, more than ever.