 The high court says even in cities where there are no beds and shelters, it does not constitute cruel and unusual punishment to fine people with no place to sleep but on the street or in camps. Justice Neil Gorsuch wrote for the conservative majority that a community should have the right to set its own policy for homelessness and judges shouldn't dictate it. Liberal Justice Sonia Sotomayor began her lengthy dissent by writing, sleep is a biological necessity, not a crime. ABC's Stephen Portnoy.