After High Court Ruling, San Francisco Prepares to Clear Homeless Camps

San Francisco Mayor London Breed speaks during a news conference outside of Zuckerberg San Francisco General Hospital in San Francisco, Calif., on March 17, 2021. (Justin Sullivan/Getty Images)

After last month’s U.S. Supreme Court ruling that gave cities a green light to enforce laws and clear homeless camps, San Francisco is now crafting policies to allow officials to begin sweeping encampments, according to Mayor London Breed’s July 19 newsletter.

“Our goal is to bring people indoors—camping or living on our streets isn’t safe for our community, residents, and people in need of support,” she said. “San Francisco is a city that prioritizes compassion, and we will continue to lead with services, but we cannot allow for people to refuse services and shelter when offered and available.”

Officials are contemplating options with the city attorney’s office and more information will be shared soon, according to Ms. Breed.

The high court’s decision—related to a lower court’s ruling on a case known as Grants Pass that blocked cities from clearing encampments—now allows municipalities to enforce laws against sleeping, loitering, and lodging on public property when people reject attempts to help them.

“This decision by the Supreme Court will help cities like San Francisco manage our public spaces more effectively and efficiently,” Ms. Breed said in a June 28 press release. “This decision recognizes that cities must have more flexibility to address challenges on our streets.”

She said discussions underway aim to reduce homelessness while finding people mental health treatment and services to improve the quality of life for all San Franciscans.

“[Illegal camping] is not healthy, safe, or compassionate for people on the street, and it’s not acceptable for our neighborhoods,” Ms. Breed said.

One San Francisco local said he supports increased enforcement because of what he described as “filthy” conditions in some areas.

“The city has become known for feces on the sidewalks and dirty streets,” John Walker told The Epoch Times July 22. “Something needs to be done.”

After the high court’s ruling was announced in June, the state’s Ninth Circuit Court of Appeals quickly moved to discontinue the injunction blocking homeless camp sweeps.

San Francisco City Attorney David Chiu said the legal changes will allow the city to better manage its streets and improve public safety.

“This will give our city more flexibility to provide services to unhoused people while keeping our streets healthy and safe,” Mr. Chiu said in a July 8 press release. “It will help us address our most challenging encampments, where services are often refused and re-encampment is common.”

A homeless individual in the Tenderloin District of San Francisco on May 16, 2024. (John Fredricks/The Epoch Times)

Some homeless advocates argued the new policies could hurt people living on the street.

“Penalizing individuals, including many with mental health and other disabilities, for merely trying to live is not only cruel but also counterproductive,” Marlene Sallo, executive director of the National Disability Rights Network, said in a June 28 press release. “Cities are now further emboldened to ignore effective housing-based solutions, opting instead to punish those with no alternative but to sleep on the streets.”

She called on the federal government to provide resources for homeless individuals.

“Too often a lack of housing in the community leaves people with disabilities stuck in institutions or worse, homeless,” Ms. Sallo said. “Affordable and accessible housing is a critical and necessary component for people with disabilities to live independent and fulfilling lives in the community.”

Other nonprofits agreed and criticized the ruling and discussions about enforcing illegal camping laws.

“Arresting or fining people for trying to survive is expensive, counterproductive, and cruel,” Jesse Rabinowitz, campaign and communications director at the National Homelessness Law Center, said in the disability network’s press release.

She added that the “inhumane” ruling “will make homelessness worse.”

“Cities are now even more empowered to neglect proven housing-based solutions and to arrest or fine those with no choice but to sleep outdoors,” Ms. Rabinowitz said. “While we are disappointed, we are not surprised that this Supreme Court ruled against the interests of our poorest neighbors.”

In the 6–3 ruling, Supreme Court justices were split on how best to proceed.

“Homelessness is complex. Its causes are many,” Supreme Court Justice Neil Gorsuch, author of the majority opinion, wrote in the ruling. “People will disagree over which policy responses are best ... 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.”

In a dissenting opinion, Justice Sonia Sotomayor said that sleeping outside is the only option for some people.

“Sleep is a biological necessity, not a crime,” she wrote.

Gov. Gavin Newsom said the ruling gives state and local officials the authority to enforce policies that will benefit Californians.

“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,” he said in a June 28 press release.

He also said the state will continue to treat all individuals with compassion.

“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,” Mr. Newsom said.