Some local officials filed a legal brief to the U.S. Supreme Court last week seeking guidance on dealing with homeless encampments, which they say have become out of control.
The California State Association of Counties and the League of California Cities told justices in the brief, filed Sept. 19, that federal court rulings over the last five years have made addressing health and safety concerns surrounding homeless encampments “unworkable.”
Some cities have enacted ordinances over the years to deal with homeless encampments, which are now not enforceable, or have been rolled back all together, due to court rulings.
“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 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.”
Such issues stem from a 2018 decision by the 9th U.S. Circuit Court of Appeals in an Idaho case that bound the western portion of the nation, which is that particular court’s jurisdiction. The case, Martin v. City of Boise, states cities are not allowed to clear homeless encampments or enforce anti-camping ordinances if they don’t have enough shelter beds available for their homeless population.
Last week, additional California officials weighed in, including the state’s sheriff’s and police chiefs associations, as well as a group of Orange County cities, who filed their own brief arguing the Idaho ruling “may have expanded the rights of those suffering from homelessness [while] the rights of business owners, taxpayers, children and other housed citizens to clean, safe, drug-free streets and public areas have been completely ignored.”
Sacramento County District Attorney Thien Ho also filed his own brief earlier this month on the issue. San Diego County, which recently began enforcing its own camping ban will also submit its own brief alongside the City of Seattle.
California Gov. Gavin Newsom additionally criticized federal judges earlier this month for their rulings.
“I hope this goes to the Supreme Court,” Mr. Newsom told Politico in an interview Sept. 22. “And that’s a hell of a statement coming from a progressive Democrat.”