After Supreme Court ruling, California officials take a tough stance on homelessness.

After Supreme Court ruling, California officials take a tough stance on homelessness.
After Supreme Court ruling, California officials take a tough stance on homelessness.
  • In response to a Supreme Court ruling in June, some local governments in California are now taking action to address homelessness.
  • Now, cities have the power to impose fines and make arrests for public camping and sleeping outdoors.
  • Nearly one-third of the country's homeless population resided in the state in 2023, with over 181,000 individuals without permanent housing.

Government officials are utilizing their newfound authority to tackle the issue of affordable housing, as homeless encampments on city streets, in public parks, and beneath highways have become prominent representations of California's significant challenges in this area.

In June, the Supreme Court ruled 6-3 that cities can penalize and arrest individuals for camping and sleeping outdoors, and threaten imprisonment for those who persistently refuse to move indoors and receive help.

A ruling by an appeals court in favor of a group of homeless people in Grants Pass, Oregon was overturned in 2022.

In July, California Governor Gavin Newsom issued an executive order urging local governments to develop policies to address encampments with compassion, care, and urgency, after the ruling provided clarity on the issue.

In June, Newsom stated that the court's decision eliminated legal ambiguities that had constrained local officials' ability to implement effective measures to safeguard the well-being of their communities.

On Tuesday, Newsom signed two new laws that facilitate the placement of unhoused individuals into privately owned hotels and motels for more than 30 days, and expedite the process for local governments to construct junior accessory dwelling units for shelter.

Nearly one-third of the country's homeless population resided in California last year, as per data from the U.S. Department of Housing and Urban Development. Over the past five years, the state has invested $27 billion to tackle the homelessness crisis, including $1 billion in funds for encampment resolution.

London Breed, the mayor of San Francisco, who is currently running for reelection, has responded to the executive order by conducting sweeps to clear encampments and offering bus tickets out of town. According to Breed's order, which was based on data from this year's Point-in-Time Count, 40% of the homeless population in the city originated from elsewhere in California or out of state, an increase from 28% in 2019.

Daniel Lurie, heir to Levi Strauss, and former interim Mayor Mark Farrell have expressed the need to enhance safety on the streets and shift away from public camping. Lurie plans to construct 1,500 shelter beds in his first six months of office. Farrell has advocated for an increase in police enforcement in areas grappling with both drug use and homelessness, as well as incentives for small businesses and affordable housing.

'Real kick in the gut'

The changing approach has its share of critics.

The Supreme Court ruling should not be used as an excuse for cities to arrest their way out of the homelessness crisis or to hide it in neighboring cities or in jail.

Bass advocated for increasing housing and shelter beds for homeless individuals, along with supportive services, stating that criminalizing their actions or attempting to drive them away is more costly for taxpayers than resolving the issue.

The ruling was a devastating blow to Jennifer Friedenbach, the executive director of the San Francisco-based Coalition on Homelessness.

Her group aims to find permanent solutions to homelessness through advocacy and ballot measures. Before the Supreme Court ruling, it was illegal to fine homeless public campers without providing them with shelter.

San Francisco mayoral candidate Daniel Lurie on homelessness plan

"Friedenbach stated that this protection aimed to ensure that local municipalities would make an effort to provide homeless individuals with a place to sleep, as they currently have nowhere to go. However, when these operations occur, they often worsen homelessness by exacerbating the problem."

Both Breed and Bass have supported the need for more affordable housing and shelter. In 2022, the California Department of Housing and Community Development determined that at least 2.5 million new homes must be constructed by 2030, with at least 1 million of those homes going to lower-income families.

Supportive housing reduces the costs of a chronically homeless person to the taxpayer by nearly half.

Adrian Covert, senior vice president of public policy at the nonprofit Bay Area Council, suggested the need for more interim housing.

"Interim housing is necessary to provide a safe place for homeless people in California, as the broken housing market is creating more homeless individuals at a faster rate than we can build permanent housing, according to Covert."

WATCH: California responds to Supreme Court ruling on encampments

California responds to Supreme Court ruling on encampments
by Kate Rogers

Politics