JOHNSON v. CITY OF GRANTS PASS

Nos. 20-35752, 20-35881.

50 F.4th 787 (2022)

Gloria JOHNSON; John Logan, individuals, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. CITY OF GRANTS PASS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2022.


Attorney(s) appearing for the Case

Aaron P. Hisel (argued), Law Offices of Montoya Hisel and Associates, Salem, Oregon; Gerald L. Warren , Law Office of Gerald L. Warren, Salem, Oregon, for Defendant-Appellant.

Edward Johnson (argued) and Walter Fonseca , Oregon Law Center, Portland, Oregon, for Plaintiffs-Appellees.

Eric S. Tars , National Homelessness Law Center, Washington, D.C.; Tamar Ezer , Acting Director; David Berris , Joe Candelaria , and Lily Fontenot , Legal Interns; David Stuzin , Student Fellow; University of Miami School of Law, Human Rights Clinic, Coral Gables, Florida; Leilani Farha , Former United Nations Special Rapporteur on the Right to Adequate Housing and Global Director, The Shift #Right2Housing, Ottawa, Ontario, Canada; for Amici Curiae University of Miami School of Law, Human Rights Clinic and National Homelessness Law Center.

Kelsi B. Corkran and Seth Wayne , Institute for Constitutional Advocacy & Protection, Washington, D.C., for Amicus Curiae Fines and Fees Justice Center.

John He , Leslie Bailey , and Brian Hardingham , Public Justice, Oakland, California; John Thomas H. Do , ACLU Foundation of Northern California, San Francisco, California; for Amici Curiae Public Justice, ACLU of Northern California, ACLU of Southern California, ACLU of Oregon, Institute for Justice, National Center for Law and Economic Justice, and Rutherford Institute.

Nicolle Jacoby , Dechert LLP, New York, New York; Tristia M. Bauman , National Homelessness Law Center, Washington, D.C.; for Amici Curiae National Homelessness Law Center, Homeless Rights Advocacy Project at the Korematsu Center for Law and Equality at Seattle University School of Law, and National Coalition for the Homeless.

Dissent by Judge Collins.


OPINION

The City of Grants Pass in southern Oregon has a population of approximately 38,000. At least fifty, and perhaps as many as 600, homeless persons live in the City.1 And the number of homeless persons out-number the available shelter beds. In other words, homeless persons have...

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