Local Officials Seek Supreme Court Guidance on Homeless Encampments
Some local officials recently filed a legal brief to the U.S. Supreme Court, urgently seeking guidance on the escalating issue of homeless encampments. They argue that these encampments have spiraled out of control, posing significant health and safety concerns.
The California State Association of Counties and the League of California Cities, in their brief filed on September 19, expressed that federal court rulings in the past five years have rendered efforts to address these concerns “unworkable.”
Over the years, cities have implemented ordinances to tackle homeless encampments, but due to court rulings, these ordinances are now unenforceable or have been completely rolled back.
“The State of California and its cities and counties are engaged in unprecedented efforts to address homelessness through the creation of significant new policy initiatives and funding investments,” emphasized the league and association in their brief. “However, camping ordinances can be a useful tool in appropriate circumstances in addressing the complex conditions that exist in our homeless populations.”
The root of these issues can be traced back to a 2018 ruling by the 9th U.S. Circuit Court of Appeals in the case of Martin v. City of Boise, which applies to the western region under the court’s jurisdiction. According to this ruling, cities cannot clear homeless encampments or enforce anti-camping ordinances if they lack sufficient shelter beds for their homeless population.
As cities have attempted to clear homeless encampments, they have faced lawsuits, and lower courts have consistently upheld the Boise ruling in various California cities, including Los Angeles and Orange County. Since the Boise decision, homelessness in California has surged to over 170,000 individuals this year, marking a 16 percent increase since 2020, as reported by a study conducted by the University of Southern California.
A homeless man in San Francisco on Feb. 23, 2023. (John Fredricks/The Epoch Times)
Cal Matters, a nonprofit news organization based in Sacramento, reported earlier this month that the crux of the matter lies in whether a city can legally dismantle encampments when homeless individuals refuse available shelter beds.
Last week, additional California officials joined the discussion, including the state’s sheriff’s and police chiefs associations, as well as a coalition of cities in Orange County. They filed their own brief, arguing that the Idaho ruling “may have expanded the rights of those suffering from homelessness,” while completely disregarding the rights of business owners, taxpayers, children, and other housed citizens to clean, safe, drug-free streets and public areas.
Thien Ho, the Sacramento County District Attorney, also submitted his own brief earlier this month. San Diego County, which recently started enforcing its own camping ban, will also present its own brief alongside the City of Seattle.
In addition, Mr. Ho filed a lawsuit against the City of Sacramento on September 19, accusing it of inadequately enforcing several recent camping bans, including those near schools, and disregarding residents’ pleas to address associated safety concerns.
California Governor Gavin Newsom also voiced his criticism of federal judges earlier this month for their rulings.
“I hope this goes to the Supreme Court,” Mr. Newsom told Politico in a September 22 interview. “And that’s a hell of a statement coming from a progressive Democrat.”
What specific concerns arise from the presence of homeless encampments for the homeless population?
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The brief argues that the Boise ruling has hindered local governments’ ability to address the growing homeless crisis effectively. It restricts their ability to enforce laws that are necessary to protect public health and safety. Without the ability to regulate encampments, cities are struggling to ensure that basic sanitation and hygiene standards can be maintained in these areas.
The escalating issue of homeless encampments also brings about significant concerns for the homeless population themselves. Living in makeshift tents and structures without access to proper housing and healthcare puts these individuals at risk of exposure to the elements, violence, and disease. The lack of enforcement of camping ordinances and the inability to provide alternative shelter options exacerbate the challenges faced by the homeless population.
The brief further highlights the efforts made by local governments in California to address homelessness through the implementation of new policies and investments. However, without the ability to enforce camping ordinances, these efforts are significantly hampered. The league and association assert that camping ordinances can be a valuable tool in addressing the complex conditions of homelessness. They argue that appropriate enforcement of these ordinances can help ensure the health and safety of both the homeless population and the communities affected by encampments.
The legal brief urges the U.S. Supreme Court to reconsider the Boise ruling and provide clear guidance on how local governments can regulate homeless encampments while also providing necessary shelter and services to the homeless population. It emphasizes the urgency of the matter and the need for practical solutions that balance the rights of the homeless with the responsibilities of local governments.
As the issue of homelessness continues to persist and escalate, the guidance of the Supreme Court is crucial in finding effective and sustainable solutions. While addressing homelessness is a complex and multifaceted challenge, the ability of local governments to enforce camping ordinances is a necessary tool in managing the crisis. The outcome of the legal brief filed by the California State Association of Counties and the League of California Cities will have significant implications for not only California but also other states grappling with similar issues.
Ultimately, the hope is that the Supreme Court’s guidance will provide clarity and empower local governments to take meaningful and effective action to address the homelessness crisis and ensure the health, safety, and well-being of all individuals within their communities.
