EBS STAFF
Tonight at 5 p.m. at 121 N. Rouse Ave., the Bozeman City Commission will evaluate Ordinance 2147, Regulating Camping in the Right-of-Way measure. Ordinance 2147 was implemented in November 2023 as a regulation that allows a person experiencing homelessness, and without options to live in temporary housing or a shelter, to reside on the public right-of-way for up to 30 days. The measure now faces uncertainty after the 2024 U.S. Supreme Court case.
The City of Grants Pass v. Johnson decided that arresting and fining people experiencing homelessness and residing on public land and spaces is not cruel and unusual punishment, and thus not in violation of the Eighth Amendment.
“The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” stated the concluding opinion by Supreme Court Justice Neil Gorsuch.
The case was recommended for further review in alignment with the opinion of the Supreme Court.
“We look forward to discussing Ordinance 2147 with the Commission on August 6 and how the Supreme Court’s decision factors into how we move forward,” stated Chief Civil Attorney Anna Saverud in a June 28 press release from the City of Bozeman.
“Since 2018, municipalities in the Ninth Circuit Court have been restricted on how they could regulate and manage the public right-of-way,” a release from the City of Bozeman stated. “Under this legal framework, Ordinance 2147 was adopted to address the impacts of camping in the right-of-way on city infrastructure and allowed for a safe way for those experiencing homelessness to stay on the street.”
Tonight’s meeting will review the Supreme Court’s decision and what address learnings and the future of Ordinance 2147.
