**Supreme Court’s Landmark Decision Permits Cities to Ban Homeless Camps**
In a significant move, the U.S. Supreme Court has made a landmark decision that allows cities to ban homeless camps, a ruling that has been eagerly awaited by local officials in California and beyond. This decision comes after years of legal battles and growing frustration among city leaders who have struggled to address the complex issue of homelessness within the constraints of previous court rulings.
The California State Association of Counties and the League of California Cities filed a legal brief with the Supreme Court, arguing that a series of federal court decisions over the past five years have made it nearly impossible for cities to manage homeless encampments effectively. These rulings, they claimed, have hindered efforts to address health and safety concerns in public spaces.
“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,” the league and association wrote. “However, camping ordinances can be a useful tool in appropriate circumstances in addressing the complex conditions that exist in our homeless populations.”
This appeal to the Supreme Court is not the first of its kind. In 2019, California cities made a similar request, but the court declined to hear the case. The issue at hand stems from a 2018 decision by the 9th U.S. Circuit Court of Appeals in an Idaho case, which ruled that it is unconstitutional to criminally penalize people for camping in public when they lack access to adequate temporary shelter.
Since that 2018 ruling, cities have frequently found themselves in court when attempting to enforce camping bans. The legal landscape has remained murky, with no clear guidelines on what is permissible. Meanwhile, the homelessness crisis in California has worsened, with more than 170,000 unhoused individuals this year, most of whom are unsheltered and living outdoors due to a shortage of shelter beds.
The core of the current legal debate revolves around the definition of “involuntarily homeless” and whether cities can clear camps and cite residents even if they do not have enough shelter beds to accommodate each individual’s circumstances. The California associations filed an amicus brief supporting an Oregon city, which the 9th Circuit ruled this year cannot enforce a camping ban because it lacks sufficient shelter beds for its entire homeless population.
On Wednesday, additional California officials joined the fray. The state’s sheriff’s association, police chiefs association, and a group of Orange County cities filed their own brief, arguing that the Idaho ruling has expanded the rights of the homeless while ignoring the rights of business owners, taxpayers, children, and other housed citizens to clean, safe, drug-free streets and public areas.
Sacramento County District Attorney Thien Ho also filed a brief, and San Diego, which recently began enforcing a new camping ban, plans to sign on to a brief being circulated by the city of Seattle.
Will Knight, decriminalization director at the National Homelessness Law Center, previously expressed skepticism that the Supreme Court would take up the case, noting that the issue has not prominently arisen in federal courts in other parts of the country. Knight criticized cities for attempting to circumvent the technical boundaries of the Idaho ruling and urged them to focus on expanding individualized housing options for residents.
Despite this, political pressure is mounting on cities to enforce their camping bans more strictly. Democratic big-city mayors and Governor Gavin Newsom have criticized federal judges for rulings that halt encampment sweeps.
On Tuesday, District Attorney Ho sued the city of Sacramento, accusing it of inadequately enforcing recent camping bans, particularly those near schools, and of ignoring residents’ requests to address safety issues at camps. City officials have opted for “voluntary compliance” rather than criminal citations, which includes ordering people to move their tents. Sacramento Mayor Darrell Steinberg dismissed Ho’s lawsuit as a “performative distraction.”
Homelessness in Sacramento County has increased by more than 60% between 2019 and 2022, with 9,300 individuals experiencing homelessness on any given night. The city and county combined have about 2,400 shelter beds, far short of the need.
The Supreme Court’s decision to permit cities to ban homeless camps marks a pivotal moment in the ongoing struggle to address homelessness. It provides local governments with a tool they have long sought to manage public spaces and address health and safety concerns. However, it also raises questions about how cities will balance enforcement with the need to provide adequate shelter and support for their homeless populations.
As cities begin to implement and enforce these new camping bans, the focus will likely shift to ensuring that there are sufficient resources and shelter options available to those in need. The challenge will be to find a balance that respects the rights of all citizens while addressing the urgent and complex issue of homelessness.
Source: CalMatters, NBC News, San Francisco Chronicle, Los Angeles Times, Politico
