Anchorage is now part of a lengthy list of local and non-profit governments that are requesting for the U.S. Supreme Court to decide on a case that challenges the precedent of one of the most important issues affecting homeless people what and when the city is able to clear its camps.
The Mayor Dave Bronson announced the move at an event the previous Tuesday.
“Last week the Municipality of Anchorage under my direction has joined in the amicus brief … in order to petition to the Supreme Court to nullify the Ninth Circuit Court ruling so cities can be able to effectively tackle their homelessness issues,” Bronson said.
Amicus briefs allow for third parties to officially take part in court cases. This particular instance stems from Grants Pass, Oregon, trying to enforce an local ordinance governing homeless campers. Grants Pass was ultimately sued for the matter and was unsuccessful. Grants Pass appealed the decision to Ninth Circuit Court of Appeals and was denied.
This means that this means that Ninth Circuit precedent set in the case known as Martin v. Boise in 2018 is still in force in Alaska as well as the other eight western states. It’s unconstitutional to penalize homeless individuals for occupying public spaces if they have no other place to go. There are a few exceptions however, for Anchorage this means that the city cannot remove homeless camps if shelters are filled. Anchorage’s shelters have been crowded since the city closed its winter shelter at its Sullivan Arena in the spring.
On August 1, Grants Pass petitioned the U.S. Supreme Court to take up the case. Numerous amicus briefs supporting the case were filed in support.
Meghan Barker of Meghan Barker of the American Civil Liberties Union of Alaska stated that these briefs are pretty standard move.
“We believe it’s not very important,” she said. “Nothing in our view is different.”
Barker stated that the ACLU insists that the city is legally and morally obligation to come up with effective solutions for homelessness.
The amicus brief Anchorage joined asserts it is that Ninth Circuit’s rulings were “flawed in concept and not practical in the real world.” The amicus brief states that they make local governments “build more shelters or give up the public space.”
Bronson has stated previously that Bronson has previously said that the Martin V. Boise decision created problems however, it “was not all that bad.” On the political writer Jeff Landfield’s podcast in July, Bronson said he would not fight the decision.
“I’m not going to be fighting Martin against Boise,” he said. “But I don’t believe that we’d ever want to reach a level where we penalize homeless people. But we need to make them follow the rules that are best for them and I don’t believe it’s a punishment at all and put them in treatment.”
Anchorage officials are currently establishing Anchorage’s winter shelter program that relies on reserving hundreds hotel beds, and bribing some charities to make space. Anchorage is looking into the possibility of setting up the temporary winter shelter. They plan to get all the elements in October, clean out the camps and relocate Anchorage’s homeless population inside.
