Subjecting the incarcerated residents of Texas to extreme heat constitutes cruel and unusual punishment, and prisons statewide must install air-conditioning by the end of 2029.
Although the ruling Judge Robert Pitman issued last month is unique in its invocation of the Constitution’s Eighth Amendment, it is an explicit recognition of an idea increasingly reflected in laws and policies nationwide: As extreme heat becomes more dangerous, even deadly, access to cooling is increasingly seen as a necessity rather than a luxury. This shift has been especially active in housing, where renters often face structural hurdles to accessing cool air, from high costs to explicit bans on the installation of air-conditioning.
This summer, jurisdictions across the U.S. passed policies setting maximum indoor temperatures, requiring landlords to provide AC, or otherwise expanding tenants’ access to cooling. The state of Maryland, for instance, said property owners with 10 or more units must install AC if they renovate. In... Read more
