August 15, 2025

Are Camping Bans Legal After Grants Pass v. Johnson, and Do They Work?

Are Camping Bans Legal After Grants Pass v. Johnson, and Do They Work?

Homelessness has been rising across the United States, and many cities have turned to camping bans as a way to address visible encampments. The June 2024 Supreme Court decision in Grants Pass v. Johnson reshaped the legal landscape around these policies. But are camping bans truly legal everywhere, and more importantly — do they actually reduce homelessness?

In this post, we break down the ruling, explore how cities are responding, and weigh the effectiveness of these laws.

What Grants Pass v. Johnson Decided

In Grants Pass v. Johnson, the U.S. Supreme Court ruled that local governments can enforce laws banning camping on public property, even when there is not enough shelter space for every unhoused person.

The case began in Grants Pass, Oregon, where city ordinances prohibited sleeping outdoors on public land. Lower courts had previously blocked such enforcement, citing the Eighth Amendment’s prohibition on cruel and unusual punishment. The Supreme Court reversed that precedent, allowing enforcement to resume.

This decision gave cities more legal authority to clear encampments — but it also raised questions about where people can go if they are moved.

Are Camping Bans Constitutional in the United States?

Following Grants Pass, camping bans are generally constitutional at the federal level, provided they are applied equally and do not target individuals for their status as homeless.

However, state constitutions and local ordinances can still impose restrictions. Some states, like California, have their own legal protections that limit enforcement in certain situations. This means the legality of anti-camping ordinances can still vary widely depending on where you live.

Do Anti-Camping Laws Reduce Homelessness?

Supporters argue that camping bans:

  • Reduce safety hazards in public spaces
  • Encourage people to accept available shelter or services
  • Help maintain the cleanliness of parks and sidewalks

Critics counter that these laws:

  • Displace people without solving underlying housing needs
  • Make it harder for unhoused individuals to access outreach services
  • Increase interactions with the criminal justice system, which can worsen instability

Research shows that without significant investments in housing-first programs and support services, camping bans do little to reduce overall homelessness, they often just move it from one area to another. Cherry Willow Apparel belives a housing-first approach is the only real long term answer to this problem.

How Cities Enforce Camping Bans

Enforcement approaches differ, but common strategies include:

  • Posting notice before clearing an encampment
  • Removing tents and belongings after a set period
  • Offering transport to available shelters (though many cities lack enough beds)
  • Issuing citations or misdemeanor charges for repeat violations

Cities that combine enforcement with coordinated housing navigation tend to see better outcomes than those relying on law enforcement alone.

What Alternatives Exist to Camping Bans?

Several alternatives have shown promise:

  • Designated safe camping areas with sanitation, security, and outreach services
  • Tiny home villages that offer private space and community support
  • Increased investment in permanent supportive housing
  • 24/7 low-barrier shelters that accommodate pets, partners, and possessions

These solutions address immediate safety concerns while creating a path toward stable housing — something a ban alone cannot achieve.

Ways to Help Today

If you want to see solutions that work, you can help:

  • Donate to housing-first organizations and outreach programs
  • Support local ballot measures or policies that fund affordable housing
  • Shop our mission-driven apparel, where proceeds directly support homelessness advocacy and services
  • Volunteer with groups providing outreach in your community
  • Speak out talk talk with others about how unfair this is

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Frequently Asked Questions

What did Grants Pass v. Johnson decide?
It allowed cities to enforce camping bans on public property even if they lack enough shelter beds for all unhoused residents.

Are camping bans constitutional in the United States?
Yes at the federal level after Grants Pass, but state and local laws may still limit enforcement.

Do anti-camping laws reduce homelessness?
Not on their own. Without housing investments, they typically just displace people.

How do cities enforce camping bans?
By posting notices, removing encampments, offering shelter space, and issuing citations.

What alternatives exist to camping bans?
Safe camping sites, tiny home villages, permanent supportive housing, and low-barrier shelters.

Updated August 2025 — This post reflects the latest legal and policy developments surrounding camping bans after Grants Pass v. Johnson.