In abstract
Greater than two-dozen California cities handed, strengthened or are contemplating ordinances that penalize folks for sleeping exterior, after the U.S. Supreme Courtroom allowed cities to crack down.
It’s been slightly greater than two months because the U.S. Supreme Courtroom gave cities the inexperienced gentle to crack down on homeless encampments. Already, Santa Monica is contemplating barring its homeless residents from utilizing sleeping luggage, San Joaquin County is poised to pressure unhoused folks to maneuver 300 ft each hour, and Fresno has made it unlawful to camp wherever at any time — even when no shelter is out there.
No less than 14 California cities and one county have handed new ordinances that prohibit tenting or up to date current ordinances to make them extra punitive, one other dozen are contemplating new bans, and at the least 4 have dusted off previous tenting bans that hadn’t been absolutely enforced in years.
The cities taking motion span the state, from the Bay Space, to the Central Valley, to Southern California. Many are locations the place voters lean conservative, however a couple of are cities run by Democrats, equivalent to San Francisco, Lengthy Seaside and Antioch.
The development towards criminalization marks a major shift in how California manages the greater than 120,000 individuals who sleep on its streets and sidewalks, and it might result in extra arrests, citations and fines.
“The problem is out of control, and residents are demanding a solution,” stated Vista Mayor John Franklin. The town in San Diego County just lately voted to renew enforcement of a 1968 ordinance that bans encampments city-wide.
However advocates for the rights of unhoused folks fear the push towards enforcement will make the issue worse. With out opening extra shelters or reasonably priced housing, breaking apart homeless camps will do nothing however shuffle folks from one spot to a different. Activists say displacing folks from encampments can sever their ties to case employees, medical clinics and different very important companies. That disruption — along with fines and arrests — makes it more durable for folks to seek out housing.
“A lot of communities, I think, rather than doing the hard work of providing housing and other services, are criminalizing homelessness and making it illegal for people to stand, sit, sleep or use anything like a blanket,” stated Alex Visotzky, senior California coverage fellow for the Nationwide Alliance to Finish Homelessness. “And these policies, of course, fail to reduce homelessness and also create additional barriers to housing people.”
‘We’re going to have zero tolerance’
In 2018, the Ninth Circuit Courtroom of Appeals dominated it was unconstitutional to punish somebody for sleeping exterior in a public place if there was nowhere else for them to go. For six years, California cities interpreted that to imply they couldn’t unilaterally ban tenting, and so they couldn’t take away a homeless encampment except they’d a shelter mattress out there for each particular person they displaced.
In the summertime of this yr, that each one modified. The U.S. Supreme Courtroom in June decided it was OK for town of Grants Go, Oregon to ban tenting on all public property, even when there was no room in native homeless shelters. That ruling untied the palms of cities all through California and different western states, permitting them to impose all method of restrictions on tenting.
A month after the courtroom ruling, Newsom issued an government order directing state businesses to clear encampments on state property, and inspiring native governments to do the identical.
Not lengthy after, the Vista Metropolis Council voted to renew implementing an encampment ban that handed within the Nineteen Eighties, however hadn’t been enforced because the COVID-19 pandemic.
“It doesn’t allow any daylight or any funny business,” stated Mayor Franklin. “It very clearly does not allow you to sleep in any public space, or have a tent or anything else.”
Federal well being tips really helpful cities cease clearing encampments through the pandemic, in an effort to gradual the unfold of the virus. Vista, like many California cities, complied. In consequence, town noticed an enormous explosion in encampments, Franklin stated.
Vista opened its first homeless shelter this yr, with 36 beds for metropolis residents. The town had 170 unsheltered homeless residents this yr, based on its most up-to-date point-in-time rely. However Franklin says on most days, there are shelter beds out there, and folks decline them when provided.
Franklin hopes the ordinance will get folks to comply with habit remedy and different companies as a strategy to stave off prosecution. However to date, most of the individuals who obtained a quotation haven’t proven up in courtroom —– and proceed to stay on the road.
“We’re going to have zero tolerance. We’re going to have definitive enforcement.”
tom patti, supervisor, san joaquin board
The San Joaquin County Board of Supervisors this week OK’d adjustments to its tenting ordinance that might prohibit sleeping in a tent, sleeping bag or automotive for greater than 60 minutes. It will additionally prohibit somebody from sleeping inside 300 ft of wherever they’d beforehand slept throughout the previous 24 hours.
“We’re going to have zero tolerance,” Supervisor Tom Patti informed CalMatters. “We’re going to have definitive enforcement.”
The county will proceed to supply folks shelter, he stated. But when they refuse, “We’re going to offer them the opportunity to visit our local county jail.”
The adjustments to the tenting ordinance are up for last approval Sept. 24.
Homelessness greater than doubled in San Joaquin County this yr in comparison with 2022 — the most important improve of any county in California, based on a CalMatters evaluation of point-in-time rely information. The county modified the best way it counted this yr, which might account for at the least among the important improve. However Krista Fiser, chair of the group that performed the rely, acknowledged: “Anecdotally, you can see it’s getting worse.”
A number of tasks designed to assist have but to be accomplished, together with new shelters in Stockton, Tracy and Manteca.
Different cities are ramping up enforcement with out altering the foundations. The Folsom Police Division created a brand new homeless outreach crew in July, which is able to implement town’s current tenting ban, Police Chief Rick Hillman informed ABC10.
San Francisco Mayor London Breed additionally has been vocal about her intention to aggressively crack down on encampments.
Courtroom orders, and tenting bans with caveats
For at the least one metropolis, cracking down on encampments isn’t so simple as passing a brand new ordinance.
In 2022, town of Chico settled a lawsuit filed by eight homeless residents over town’s enforcement of its anti-camping ordinances. Beneath the phrases of that settlement, town now has to leap by a collection of hoops earlier than it could possibly take away an encampment, equivalent to: Notifying plaintiffs’ attorneys, giving a 10-day warning to the camp occupants, and ensuring there are sufficient shelter beds out there for everybody about to be displaced. The town can’t clear greater than three encampments at one time.
However that settlement was primarily based on outdated authorized precedents, based on Chico officers. Now that the tide has turned, with the Supreme Courtroom giving cities extra energy to implement tenting bans, Chico needs out of the settlement.
“It’s absurdly restrictive,” Metropolis Supervisor Mark Sorensen stated. The town filed a movement asking the choose to vacate the settlement, and is awaiting a ruling.
Different cities, at the least on paper, are taking a cautious strategy by permitting legislation enforcement to quote and arrest homeless folks — however solely in particular conditions.
“The problem is out of control, and residents are demanding a solution.”
john franklin, bigger view
In July, the Palm Springs Metropolis Council banned tenting on sidewalks and in parks and different public areas — if shelter is out there. The ban gained’t go into impact till town finishes development of its new homeless shelter, which doubtless will probably be later this month.
“We want to do everything possible to ensure people have a roof over their heads and a place to stay, as opposed to just sweeping away the problem,” stated Mayor Jeffrey Bernstein.
The Berkeley Metropolis Council on Tuesday green-lighted a decision that claims town will proceed to supply folks shelter at any time when “practicable.” When no shelter is out there town would be capable of cite or arrest folks provided that their encampment meets sure standards: If it poses a fireplace or well being hazard, is on a avenue median, is a public nuisance or interferes with development work.
That proposal didn’t move muster with native activists, who despatched a letter in opposition to the mayor and Metropolis Council. Council members will vote as soon as extra on the measure earlier than it turns into last.
“If approved, the City will have moved forward with a resolution that undermines the City’s stated commitment to best practices and to housing first principles without taking any steps to actually resolve the homelessness crisis,” wrote the East Bay Group Regulation Heart, joined by a number of different organizations. “ Instead, this resolution would effectively criminalize individuals for being unhoused; place unhoused residents at increased risk and subject them to loss of community.”
