Marin Independent Journal

Newsom slammed over homeless appeal

- By Ethan Varian

Under recent federal court rulings, cities throughout the West Coast are expected to offer homeless people shelter or housing before clearing encampment­s.

Bay Area civil rights groups are now urging the U.S. Supreme Court to uphold the mandate in a case set for later this month that advocates worry could free officials to crack down harder on those living on the street.

This week, the Lawyers'

Committee for Civil Rights of the San Francisco Bay Area filed a brief with the high court that also accused state and local politician­s — including Gov. Gavin Newsom — of throwing their support behind the appeal to deflect responsibi­lity for their struggles solving a deepening homeless crisis.

“This is political theatre,” advocates said in the filing. “Nothing stops California from investing in affordable housing and emergency shelter for thousands of its residents forced to sleep outside.”

The coalition of advocates backing the brief includes the League of Women Voters California, the Western Center on Law and Poverty and recalled former San Francisco District Attorney Chesa Boudin.

Newsom and local officials say federal judges have made addressing homelessne­ss “unworkable” by invoking the rule to block cities and public agencies from clearing unsafe encampment­s across the state, including in San Jose, Oakland, Berkeley and San Francisco.

While those officials largely agree homeless people should be offered shelter, they say the rule is confusing and have asked the Supreme Court to intervene.

“By setting out a clear rule, the Court can empower state and local government­s to enact and enforce compassion­ate policies that will help save lives, strengthen their communitie­s, and ultimately work to stem the tide of this homelessne­ss crisis,” Newsom said earlier this year in a statement that also highlighte­d efforts to add thousands of shelter beds and supportive housing units statewide.

The governor's office did not immediatel­y respond to a request for comment.

In 2023, California had an estimated 181,000 homeless residents, a 6% increase from the year before.

More than two-thirds lived outdoors, in vehicles or other places not meant for habitation, the largest share of any state in the country.

On April 22, the court is set to hear arguments in the case, an appeal by Grants Pass, Oregon, seeking to reverse decisions by the 9th U.S. Circuit Court of Appeals

that, citing the Constituti­on's ban on cruel and unusual punishment, effectivel­y prohibit encampment sweeps if shelter beds aren't available. A ruling is expected by the end of June.

Advocates, including former San Francisco District Attorney Boudin — who was voted out of office in 2022 amid growing crime concerns and is now executive director of UC Berkeley's Criminal Law and Justice Center — took particular aim at San Francisco officials who've backed the Grants Pass appeal, including Mayor London Breed.

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