This section contains the nature of the case and procedural background.

In Martin v. Boise, 920 F. 3d 584 (2019), the court considered a public camping ordinance in Boise, Idaho, that made it a misdemeanor to use “streets, sidewalks, parks, or public places” for “camping.” The court held that the Eighth Amendment’s Cruel and Unusual Punishments Clause barred Boise from enforcing its public camping ordinance against homeless individuals who lacked “access to alternative shelter.” The court found that nearly three-quarters of Boise’s shelter beds were not “practically available” because the city’s charitable shelters had a “religious atmosphere.” Boise was thus enjoined from enforcing its camping laws. D has laws restricting camping in public spaces. Three are relevant here. The first prohibits sleeping “on public sidewalks, streets, or alleyways.” The second prohibits “[c]amping” on public property. Camping is defined as “set[ting] up . . . or remain[ing] in or at a campsite,” and a “[c]ampsite” is defined as “any place where bedding, sleeping bag[s], or other material used for bedding purposes, or any stove or fire is placed . . . for the purpose of maintaining a temporary place to live.” The third prohibits “[c]amping” and “[o]vernight parking” in the city’s parks. An initial violation may trigger a fine. Those who receive multiple citations may be subject to an order barring them from city parks for 30 days. Violations of those orders [can constitute criminal trespass, punishable by a maximum of 30 days in prison and a $1,250 fine. Ps have not been subjected to an order barring them from city property or to criminal trespass charges. Officers are instructed that “homelessness is not a crime.” They are “encouraged” to render “aid” and “support” to the homeless whenever possible. Ps filed suit challenging the city’s public-camping laws claiming that the city’s ordinances violated the Eighth Amendment’s Cruel and Unusual Punishments Clause. The district court certified the class action and enjoined the city from enforcing its public camping laws against the homeless. The court found everyone without shelter in Grant Pass was “involuntarily homeless” because D’s total homeless population outnumbered its “‘practically available’” shelter beds. The Eighth Amendment prohibited D from enforcing its laws against homeless individuals in the city. The Ninth Circuit affirmed holding that the homeless in D cannot be punished for camping with “rudimentary forms of protection from the elements.” D filed a petition for certiorari.

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