After a federal judge issued a ruling reaffirming a previous higher court’s order preventing cities from clearing homeless encampments in response to a lawsuit filed against the City of San Francisco, California Gov. Gavin Newsom said he’s prepared to assist the city by filing an amicus brief in support, according to statements he made during an interview with Politico on Sept. 12.
“I’ve had it. We’re going to intervene, and I hope it goes to the Supreme Court,” Mr. Newsom said. “And that’s [quite] a statement for a progressive Democrat out of California to say.”
At issue are injunction orders issued in December 2022 preventing the clearing of homeless encampments. The rulings stem from a lawsuit filed against San Francisco in September 2022 by a group of homeless advocate nonprofits, including the Coalition on Homelessness.
The lawsuit alleges that the city is in violation of a 9th District Court’s 2018 decision in Martin v. Boise, which determined that a homeless person can only be removed from public spaces if shelter beds were available. The ruling applies to nine western states, including California.
U.S. Magistrate Judge Donna Ryu agreed that the matter was worthy of an injunction based on the Boise ruling.
While the court interpreted Boise to apply in the San Francisco case, the governor is blaming it for stopping his efforts to address the issue.
“The challenge is the judges are using a perverse interpretation of [the law],” Mr. Newsom said. “They’ve gone too far—so far that in Sacramento, we weren’t able to clean up encampments this summer. In San Francisco, you can’t clean encampments.”
Court interference with homeless encampments isn’t a new issue, according to the governor, as he reported being stopped by such over the past few years while working to remove tents and debris from areas in Alameda County.
“We couldn’t clean up near freeway exits in Berkeley and Oakland because a federal judge stopped us,” he said. “And that was the first indication, for me, and this was a few years ago, that this was a serious issue, and now, it’s unacceptable, and it’s a major, major issue. People’s lives are at risk.”
With rulings preventing cities from addressing the growing number of people sleeping on the streets, branches of government are essentially working against each other without the public’s knowledge, according to the governor.
“Imagine being an elected official and folks say, ‘Clean them up,’ and you say, ‘I can’t do it,’ and they say, ‘Now he’s just blaming the courts,’” Mr. Newsom said.
As a prevalent issue in major metropolitan cities throughout the state, the growing number of homeless people and the amount of drug use seen around encampments are creating public safety problems, according to some residents who are demanding help for their communities.
“Why can’t they do something about this?” Alameda County resident Jesse Ramirez told The Epoch Times. “We hear a lot of excuses, but nothing’s being done.”
Complaints about safety and cleanliness in public areas are commonplace when talking to residents in the Bay Area, many of whom question the policies and leadership that led to the current situation.
Aware of the dilemma and concerns, Mr. Newsom reiterated the role that judges are playing in limiting his ability to act.
“It’s out of control. ... One of the principal issues has been the courts,” Mr. Newsom said. “Most folks don’t know this. This isn’t an excuse. This isn’t us throwing up our hands.”
In a passionate plea for collaborative, compassionate solutions, the governor stressed the need for urgency and for a reconsideration of policy.
“It’s gone too far. It’s unacceptable what’s happening on the streets and sidewalks,” he said. “Compassion is not stepping over people in the street. Compassion is not just waiting for someone to die.”
Responsibility for the tragic circumstances lies with the government, he said.
“We’re now complicit; all of us at all levels of government and all branches of government, as well,” he said. “Society becomes how we behave. This is not a partisan issue.”
Willing to lead by example, the governor said he’s adamantly working to resolve the issue and taking a proactive approach to addressing public safety issues.
“I’ll take a backseat to no one in taking responsibility and accountability,” he said. “A governor needs to own this issue.”
No further details were provided regarding the amicus brief, and the governor’s office declined The Epoch Times’ request for comment.
