Richie Diesterheft / Wikimedia Commons
Why It Matters
A landmark Supreme Court decision handed down two years ago continues to reshape how governments across the country — including in the Mountain West — respond to street homelessness. More than 350 cities and 14 states have since enacted stricter measures targeting public camping, and the policy wave shows no sign of slowing.
What Happened
The 2024 Supreme Court ruling in Grants Pass v. Johnson determined that governments may enforce public camping bans without running afoul of the Eighth Amendment’s prohibition on cruel and unusual punishment. The decision removed a major legal barrier that had previously blocked many municipalities from clearing encampments.
In the two years since, states have moved aggressively. Louisiana made unauthorized public camping a criminal offense, while also establishing a Homelessness Court program that allows individuals charged with related offenses to pursue treatment as an alternative to incarceration. Indiana passed a law banning unauthorized camping, sleeping, and sheltering on any state or local public land — set to take effect this July.
Georgia and Oklahoma both enacted so-called Safe Neighborhood laws, which give property owners legal standing to seek compensation from local governments that fail to enforce public camping, loitering, and panhandling ordinances. The measures were modeled largely on legislation drafted by the Cicero Institute and the Goldwater Institute, two conservative policy organizations that have been pushing this approach nationally.
Some states went further, imposing statewide camping bans on public lands and mandating that local governments actively enforce those bans — with provisions allowing property owners to sue municipalities that refuse to comply.
By the Numbers
- 350+ cities have adopted measures cracking down on street homelessness since the ruling
- 14 states have enacted statewide laws or mandates related to public camping
- The national homeless population recorded on a single night in January 2025 was lower than the same count in January 2024
- 28 states still saw homelessness increase according to the most recent federal count
- Indiana’s new camping ban law takes effect in July 2026
Zoom Out
The national data presents a mixed picture. While the overall homeless count dropped slightly from 2024 to 2025, the majority of states — 28 — recorded increases in their unhoused populations during the same period. That disconnect suggests enforcement-focused policies may be redistributing homelessness rather than eliminating it in all areas, though supporters argue firmer enforcement combined with treatment alternatives like Louisiana’s Homelessness Court represents a more sustainable model than passive tolerance of encampments.
The push aligns with a broader shift in public sentiment. Voters in cities across the Pacific Northwest and Mountain West have increasingly backed candidates and ballot measures calling for stricter enforcement, reflecting frustration over the visible growth of encampments in urban areas over the past decade.
What’s Next
Indiana’s law will be among the most closely watched as it takes effect this summer, potentially offering a test case for statewide mandates. Expect further legislation in additional states when legislative sessions convene in early 2027, particularly if enforcement-focused approaches show measurable results in reducing visible street homelessness.
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