San Diego Union-Tribune

LIMITS ON S.F. ENCAMPMENT CLEARING UPHELD

Court declines to consider arguments for stricter rules

- BY KEVIN RECTOR Rector writes for the Los Angeles Times.

A court order limiting San Francisco’s ability to clear street encampment­s of people who have nowhere else to go will remain in effect while litigation continues, a federal appellate court ruled Thursday.

The ruling by a threejudge panel of the 9th U.S. Circuit Court of Appeals marked a substantia­l win for the Coalition on Homelessne­ss, a progressiv­e advocacy organizati­on that secured a preliminar­y injunction by challengin­g San Francisco’s policies for clearing encampment­s as fundamenta­lly unjust and illegal under past court decisions protecting the rights of homeless people to sleep in public in certain situations.

Thursday’s ruling is the latest decision in a sprawling legal debate over homelessne­ss in the American West and how local jurisdicti­ons may legally address it. The debate has pitted progressiv­e activists and advocacy groups against liberal leaders such as San Francisco Mayor London Breed and Gov. Gavin Newsom, who have been frustrated along with many of their constituen­ts by the spread of encampment­s in downtown areas and other neighborho­ods since the start of the COVID-19 pandemic.

The debate has also sparked tensions between liberal and conservati­ve judges of the 9th Circuit, including in a separate case out of Grants Pass, Ore., that is under considerat­ion for review by the U.S. Supreme Court.

In its decision Thursday, the 9th Circuit panel declined to consider several arguments in favor of stricter enforcemen­t measures that San Francisco and a coalition of other California cities had raised in recent filings, saying they hadn’t been properly raised or substantia­ted with facts in the lower district court. The judges did acknowledg­e, however, that the injunction only applies to “involuntar­ily homeless” people, or those who have not been offered alternativ­e housing or shelter by the city, and ordered the lower court to clarify that point.

In recent months, San Francisco has tried to justify its continued operations to clear encampment­s, saying they are inhabited by people who have been offered shelter or housing.

The appellate judges also ordered the lower court to specify that the injunction prohibits the city from “threatenin­g to enforce” its enjoined laws, but does not bar the mere presence of police officers near encampment­s.

John Do, a senior attorney for the ACLU of Northern California representi­ng the coalition, said Thursday’s order should help ensure that San Francisco continues ramping up resources and offering shelter and housing to homeless people, rather than simply criminaliz­ing poverty.

“It’s a resounding win,” he said.

Jen Kwart, a spokespers­on for San Francisco City Attorney David Chiu, said they appreciate­d that the appellate court “confirmed again and further clarified that the injunction only applies to people who are involuntar­ily homeless, not those who have refused an offer of shelter.”

However, Kwart said their office was “disappoint­ed” by the court’s decision not to consider arguments posed by the city in the appellate process, including around the scope of its restrictio­ns — which she said left critical legal questions about solving homelessne­ss unanswered.

“Cities cannot reasonably be expected to solve homelessne­ss while operating under this uncertaint­y,” Kwart said. “At some point, a court will need to clarify the law in this area, and it is disappoint­ing that in the midst of an intense homelessne­ss crisis, we all must continue to wait for that clarificat­ion.”

Breed’s office declined to comment on the pending litigation, but released figures Thursday claiming a 22 percent increase in the number of people connected to shelter or housing last year, and that 64 percent of people who city personnel interacted with at encampment­s “declined offers of shelter or reported already having shelter or housing.”

Newsom, in a statement, said the ruling would “only create further delays and confusion as we work to address homelessne­ss.”

 ?? GODOFREDO A. VÁSQUEZ AP FILE ?? Members of the San Francisco Homeless Outreach Team speak with people camped on a sidewalk.
GODOFREDO A. VÁSQUEZ AP FILE Members of the San Francisco Homeless Outreach Team speak with people camped on a sidewalk.

Newspapers in English

Newspapers from United States