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The numbers of homeless Americans sheltering on city sidewalks, in parks and other public spaces have reached crisis levels in some locations, including Honolulu. But federal courts differ on cities’ authority to regulate public camping or clear out homeless camps.
On Friday, the U.S. Supreme Court agreed to take up a case appealed by the city of Grants Pass, Ore., from the 9th Circuit, whose decisions apply to Hawaii. The 9th Circuit has ruled that outlawing sleeping on the streets when insufficient alternative shelter is available equates to unconstitutional “cruel and unusual punishment,” and the Supreme Court’s ruling may affect both sweeps and enforcement of sit-lie laws. A hearing is expected by this fall.