The U.S. Supreme Court ruled in a 6-3 partisan decision Friday that it's not "cruel or unusual punishment" for cities to ban homeless individuals from sleeping in public spaces like streets, sidewalks, or parks. The ruling, which was denounced by housing advocates, gives cities the power to target homeless encampments and implement fines or other penalties for individuals sleeping in public spaces. Traverse City officials said the ruling will give them more flexibility in managing the homeless encampment at the Pines, but also said the city will continue to emphasize compassion in its approach.

The Supreme Court ruled in Grants Pass v. Johnson that enforcing rules related to camping on public property does not violate the Eighth Amendment. Writing for the majority, Justice Neil Gorsuch said: “Homelessness is complex. Its causes are many. So may be the public policy responses required to address it. 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.”

In a blistering dissent, Justice Sonia Sotomayor called the ruling "unconscionable and unconstitutional," adding that it targeted the most vulnerable members of society. "Sleep is a biological necessity, not a crime," she wrote. "For some people, sleeping outside is their only option. For people with no access to shelter, that punishes them for being homeless."

In response to the ruling, the City of Traverse City put out a release Friday noting that "as the number and size of encampments have grown, so have the challenges they can pose for the homeless and others. The Court pointed out, for example, that the exponential increase in encampments in recent years has resulted in an increase in crimes both against the homeless and by the homeless."

Traverse City has an ordinance on the books related to camping that "states no person shall camp within any park," according to the release. "No person shall park overnight any house trailer or camping vehicle in any park. A violation is a civil infraction." The release continues that "communities of all sizes are grappling with how best to address these challenges. The Supreme Court's decision impacts how cities across the United States manage encampments, and allows flexibility for how Traverse City may manage the situation at the Pines."

According to City Attorney Lauren Trible-Laucht, the ruling gives individual municipalities the ability to decide "which policy responses to the homelessness crises are best. There may be disagreement in that regard, but we will continue to examine our practices, balance the needs and interests of housed and unhoused community members, and work with our local partners to address these complicated issues. Understanding the specific legal and practical implications of the Supreme Court's decision will help in shaping policies that are both compassionate and legally sound."

Traverse City Mayor Amy Shamroe says the issue of "camping recreationally in a city park or on public property versus camping because you have nowhere else to go is markedly different." Like Trible-Laucht, she says the city will continue collaborating with local partners to address homelessness. "The Supreme Court’s decision allowing the city to enforce its camping ordinance does not solve the issue of homelessness," Shamroe says.

According to Traverse City Police Department Chief Matt Richmond, city and police staff "plan to continue managing the situation at the Pines in a way that balances the interest of the entire community, including those who are unhoused. From a law enforcement perspective, the city’s approach emphasizes compassion yet is strategic in nature. We will continue to collaborate with community partners to provide services and support to unhoused individuals while maintaining public order and ensuring the safety of all residents."