Boise's sit-lie and public-camping ordinance, struck under Martin v. Boise (9th Cir. 2018), now operates within the boundaries of the modified Eighth Amendment framework that Grants Pass v. Johnson (2024) reset.
Martin v. Boise (9th Cir. 2018, cert. denied 2019) held that Boise's ordinance criminalizing sleeping in public when no shelter was available violated the Eighth Amendment's ban on cruel and unusual punishment. After litigation, Boise narrowed the ordinance and Interfaith Sanctuary and other Boise Continuum of Care providers expanded shelter capacity. The Supreme Court's Grants Pass v. Johnson decision in 2024 reversed the Martin framework, holding that public-camping enforcement is not categorically unconstitutional even when shelter is unavailable. Boise has since reaffirmed its public-camping ordinance, but enforcement remains paired with outreach and shelter referrals, not blanket sweeps.
Sit-lie and public-camping violations carry misdemeanor citations under Boise City Code, with fines and possible jail time after Grants Pass restored municipal enforcement authority.
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