In a 6-3 vote, the US Supreme Court upheld an Oregon ban on camping in public spaces.
The move will now allow cities can ban people from sleeping and camping in public places. The ruling will now allow state, county and local governments to legally cite, arrest, and remove homeless people camping in public areas, should they choose.
It was upheld in a 6-3 vote with Sotomayor, Kagan & Jackson were the dissenting votes in the City of Grants Pass v. Johnson.
The move comes after many communities wanted more enforcement power to deal with the homeless rates. For example, Contra Costa County recent Point in Time showed an increase in homelessness.
The court wrote:
“Homelessness is complex. Its causes are many. So may be the public policy responses required to address it.”
“Yes, people will disagree over which policy responses are best; they may experiment with one set of approaches only to find later another set works better; they may find certain responses more appropriate for some communities than others. But in our democracy, that is their right. Nor can a handful of federal judges begin to “match” the collective wisdom the American people possess in deciding “how best to handle” a pressing social question like homelessness.”
“Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy
Governor Newsom statement on Supreme Court’s homeless encampments decision
SACRAMENTO — Governor Gavin Newsom issued the following statement after a ruling by the U.S. Supreme Court in the case of City of Grants Pass v. Johnson:
“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.
“California remains committed to respecting the dignity and fundamental human needs of all people and the state will continue to work with compassion to provide individuals experiencing homelessness with the resources they need to better their lives.”
Prior rulings by the Ninth Circuit Court of Appeals have left few and fragmented options for local governments to confront the homelessness crisis. California’s elected officials have found themselves embroiled in years-long lawsuits, blocking even the most common-sense efforts to clear encampments that pose health and safety concerns, without direction on what they can and cannot do to make spaces occupied by unhoused people safer for those within and near them.
The Governor has consistently called for clarity from the courts and previously filed a separate amicus brief requesting the United States Supreme Court to hear this case. California is investing $1 billion as part of the state’s Encampment Resolution Fund (ERF). These dollars are specifically earmarked to help move individuals experiencing homelessness out of dangerous encampments and into shelter and housing.
Supreme Court Decision (74-pages) — click here
Image by County of San Mateo
Related Stories:
- April 9, 2024 – State Bipartisan Audit of Homelessness Spending Released
- Feb 4, 2024 – Antioch Touts 82% Success Rate With Homeless Program
- June 16, 2023 – Contra Costa County Data on Homelessness and Finalizes Housing Element
- June 14, 2023 – Richmond and Antioch See Largest Gain in Homeless Population in Contra Costa County
