CALIFORNIA, USA — Cities and counties in California want the Supreme Court to make decisions on homelessness issues after some lawsuits prevent them being unable to take action.
The California State Association of Counties and League of California Cities say several previous court cases aren’t allowing them to properly address homelessness and clean up their cities. They filed a brief for the Supreme Court to hear their argument.
"It is critical to have clarification on the involuntary homeless standard set forth in Grants Pass, and for local governments to have workable solutions for providing healthy and safe communities while also protecting the vulnerable population experiencing homelessness," said the California State Association of Counties in a statement.
For example, Sacramento has its own sidewalk and camping ordinances but cannot be enforced when there are court cases with precedent that won’t allow said enforcement.
Sacramento has faced federal injunctions and temporary restraining restricting them from clearing tents.
This is the clarity Carolyn Coleman, CEO League of California Cities, says they need from the supreme court, but it’s what homeless advocates say are the only protections in place.
“Ambiguity in some of the lower court decisions are making it very difficult to navigate the different lines, what can you do, what can’t you do so we are seeking insight from the Supreme Court,” said Coleman.
Those lower court rulings include Martin v. Boise, a 2018 decision which denies cities from enforcing anti-camping ordinances unless they have enough shelter space available for people on the streets.
In Sacramento city and county, there are more than 9,000 homeless and only enough shelter space for a third of them.
Homeless advocates say these cases are necessary protections for those experiencing homelessness.
In a statement Bob Erlenbusch with Sacramento Regional Coalition to End Homelessness says the Boise ruling is important to ensure enough housing is created so ordinances can truly be enforced.
The California State Sheriff’s Association is also saying the Boise decision was detrimental.
Mike Boudreaux, President of the California State Sheriff’s Association, says “what’s happening is we are moving homeless from one sidewalk to another.”
The sheriff’s association says this is not a police issue, but the lack of enforcement is making it their problem.
“When you have cities that have homelessness living in their doorways where patrons don’t want to visit that business, when you see a high level of mental health on the streets, when there is not enough or high quality care in the state of California in regards to mental health, it begins to bleed into our jail population,” said Boudreaux.
Sacramento District Attorney Thein Ho has also filed his own brief.
The National Homelessness Law Center doesn’t believe the Supreme Court will take this case because other courts have weighed in. Also, the court declined to take the case when the Martin v. Boise decision when it first came out.
California cities made a similar appeal in 2019, but the court declined to hear that case.
