Supreme Court Considers Municipality's Right to Regulate Camping

Anchorage, Alaska - Yesterday morning the United States Supreme Court heard oral arguments in City of Grants Pass v. Johnson. The Anchorage Municipal Attorney attended the oral argument at the Supreme Court in Washington, D.C. along with other city attorneys and representatives. The Municipality of Anchorage was also one of several cities that signed an amicus brief in support of a municipality's ability to regulate camping on public property. This case raises the question of whether a municipality can enforce generally applicable laws regulating camping on public property without violating the Eighth Amendment prohibition against cruel and unusual punishment.

Current Ninth Circuit precedents have not provided clear guidance to municipalities regarding what they can do to address the various public health and safety and environmental issues created by prohibited camping. The Municipal Attorne​y's Office is hopeful that a SCOTUS decision in this case will clarify the Municipality's obligations under the U.S. Constitution.

Any SCOTUS decision will not affect Alaska Supreme Court decisions based on Alaska's Constitution or any Alaska state court decisions that specifically bind the Municipality, such as Engle v. MOA. Engle required the Municipality to provide a process treating personal property found at abated campsites similarly to property seized as evidence or deemed abandoned. The process the Municipality put in place can be found in AMC 15.20.020B.15. That process would not be changed by a SCOTUS decision.

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Media Contact
Veronica Hoxie, Communications Director
Office of the Mayor
[email protected]
907-615-1568

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