There's No Right to Sleep Outdoors

: Betsy Mccaughey on Apr 24, 2024

That's what's been happening. Anti-camping regulations adopted in San Francisco, Los Angeles, Phoenix and Portland, Oregon, were all barred following the 9th Circuit's precedent. And that precedent has also been cited by courts in the rest of the U.S. as a reason to tolerate homeless encampments.

Grants Pass is so atypical of the larger cities wrestling with homelessness that the outcome of the case is somewhat difficult to predict. It's a town of 40,000 with a small, church-run shelter.

But Monday's argument suggests the justices will rule 6-3 or 5-4 that municipalities can ban sleeping on public property. The ruling will affect the entire nation.

Except perhaps New York City, which is moving away from common sense. The City Council adopted a "Homeless Bill of Rights" in 2023, making Gotham the only big city with an explicit right to sleep in public spaces. Mayor Adams did not veto it. There would have been no point. The law was adopted unanimously. What are city lawmakers thinking?

Homeless people deserve compassion, but allowing them to freeze to death or succumb to disease isn't compassionate. Data show they are shortening their own lifespan by 30 years or more.

Jumaane Williams, the city's public advocate, sponsored the "Homeless Bill of Rights," blathering that the city must look at the root causes of homelessness rather than "stoking fear."

But fear is warranted. And the public deserve clean, safe streets.

Fair warning: Williams is eyeing Adams' job as mayor.

The court's expected ruling will allow local authorities across the U.S. to crack down on homeless encampments. But the justices cannot command that they do it. The law-abiding public -- the real victims of homelessness -- need to elect local leaders who will say "no" to preferring the rights of the homeless over the rights of the rest of us.

New York City voters, it's up to you.

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Betsy McCaughey is a former lieutenant governor of New York and chairman of the Committee to Reduce Infection Deaths. Follow her on Twitter @Betsy_McCaughey. To find out more about Betsy McCaughey and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate website at www.creators.com.

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