Supreme Court to hear case on homeless encampment sweep bans
January 13, 2024
By KAREN VELIE
The U.S. Supreme Court agreed on Friday to look at whether local governments can enforce homeless encampments bans or if the bans amount to unconstitutional cruel and unusual punishment.
A day earlier, the Ninth Circuit Court of Appeals upheld a ban on homeless encampment sweeps which prohibits San Francisco from clearing camps without first offering the residents alternative shelter. Gov. Gavin Newsom responded by asking the Supreme Court to help him deal with a proliferation of homeless encampment on city streets.
The justices agreed on Friday to look at an appeal from Grants Pass, Oregon, of a federal court ruling stopping the city from enforcing a ban on public camping.
Homeless advocates argue that local governments need to focus on housing and not criminalizing homelessness.
However the Supreme Court rules, it is likely to have a significant impact on cities such as San Francisco and San Luis Obispo.
In Sept. 2022, a group of homeless individuals sued San Luis Obispo in federal court, asking that the city’s homeless population be granted the right to sleep in tents and vehicles in public places without facing destruction of their property, harassment, fines and criminal charges. The SLO City Council had passed multiple ordinances barring overnight access to parks and public spaces.
After losing a motion to dismiss the case, SLO settled with the homeless litigants, according to California Rural Legal Assistance.
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