The Supreme Court began hearing a case yesterday that could have profound implications for how the United States deals with its escalating homelessness crisis.
The case, City of Grants Pass v. Johnson, asks whether fining homeless people for sleeping outside when there isn’t adequate shelter space for them amounts to cruel and unusual punishment. Though the case originated in Oregon, it is being watched across the country, perhaps nowhere more closely than in California.
More than 180,000 people are homeless in California, a figure that has grown significantly over the past decade. That is about one-third of the nation’s homeless people, a far greater share than California’s 12 percent of the population as a whole.
State and local officials say that their efforts to address homelessness have been hampered by the Ninth Circuit Court of Appeals, which oversees nine western states, including California. In a series of opinions since 2018, the appellate court has ruled that penalizing homeless people for sleeping outdoors when they have no alternative shelter violated the Eighth Amendment, which protects against cruel and unusual punishment.
On the ground, that has constrained cities that try to keep tent camps from proliferating in parks, on sidewalks and in other public spaces. Local officials in California say they are reluctant to enforce anti-camping ordinances on even a small scale, lest they be sued.
Advocates for homeless people argue that cities have plenty of other tools to protect public health and to keep sidewalks and parks open, and that they are avoiding an obvious but expensive legal solution to the problem: building more affordable housing.
But determining what’s legal can be time-consuming and expensive.
For instance, in San Francisco, which is embroiled in a lawsuit over encampments, a sweeping injunction based on the Grants Pass decision and other Ninth Circuit rulings has complicated law enforcement around downtown tent camps for more than a year. State legislators in Sacramento have repeatedly quashed bills that sought to ban homeless encampments near schools, transit stops and other places, in part because of questions about their constitutionality.
The case before the Supreme Court on Monday involved an anti-camping ordinance in Grants Pass, Ore. Building on its 2018 ruling in a case out of Boise, Idaho, that it was unconstitutional to arrest people for sleeping outdoors, the appellate court ruled in the Grants Pass case that it was also unconstitutional to fine them for sleeping outdoors with pillows, blankets or other bedding or shelter supplies. The city appealed the ruling to the Supreme Court.
In briefs, Gov. Gavin Newsom and a wide range of local California officials argue that, while they oppose “criminalizing” homelessness, the Ninth Circuit’s refusal to allow even civil penalties for violating anti-camping ordinances goes too far.
“The Supreme Court has an opportunity to strike a balance that allows officials to enforce reasonable limits on public camping while treating folks with compassion,” Newsom has said on social media.
The governor was careful to say that he was not weighing in on either side of the Grants Pass case, and my colleague Shawn Hubler notes that his call for a reversal of the Ninth Circuit’s opinion reflects an unusual alliance between Democratic and Republican leaders.
At a news conference last week, the governor — who has pumped more than $20 billion into programs to address homelessness in California since he was elected in 2018 — recalled pitching in to dismantle one tent camp in Oakland that “felt like a scene out of a ‘Raiders of the Lost Ark,’ where, you know, thousands and thousands of rats appeared, running all around us.”
“This is, to me, just about common sense,” he said, “not about ideology.”
The Supreme Court’s conservative majority seemed sympathetic to Grants Pass officials on Monday, and appeared inclined to reverse the Ninth Circuit and find the city’s anti-camping ordinance to be constitutional. That would probably prompt cities across the country to take tougher stances on homeless encampments.
The case is expected to be decided by late June.
For more:
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The rest of the news
California state senators from both parties have proposed banning CLEAR, the expedited security screening company, from the state’s airports, saying the service unfairly benefits the rich at other travelers’ expense, Politico reports.
A group promoting a state ballot initiative that would limit the rights of transgender students suffered a setback when a judge sided with the state and ruled that the title “Restricts Rights of Transgender Youth” is a fair descriptor for the initiative, CalMatters reports.
Southern California
Pamela Price, the Alameda County district attorney, announced that a federal judge had directed her office to review all death penalty convictions after reviewing evidence indicating that prosecutors may have excluded Black and Jewish jurors, KQED reports.
Construction has begun for a $12 billion passenger bullet train linking Las Vegas with the Los Angeles area, The Associated Press reports.
The headquarters of the L.A.P.D. hasn’t had working desk phones to handle nonemergency calls for weeks, NBC Los Angeles reports.
Central California
California’s first new state park in a decade will open in the Central Valley this summer, The Associated Press reports, citing state officials.
Northern California
Mayor London Breed of San Francisco returned from a trip to China after securing an agreement with the China Wildlife Conservation Association to have giant pandas take up residence at the San Francisco Zoo for the first time.
Pro-Palestinian protesters set up a “solidarity encampment” at the University of California, Berkeley, as the fallout from last week’s heated congressional hearing and the arrests of protesters at Columbia University continued to reverberate.
The Rev. Cecil Williams, a leader of San Francisco’s GLIDE Foundation, has died at age 94, ABC7 reports. Heather Knight, the San Francisco bureau chief of The New York Times, interviewed Williams in December.
Tell us
What children’s books should we add to our California reading list? Email me at [email protected] with your recommendations. Please include your full name and the city in which you live.
And before you go, some good news
Chain, a recurring pop-up restaurant in Los Angeles, hosts themed dinners incorporating its own recipes and techniques. Tapping into the nostalgia for fast food from the 20th century, the chef, Tim Hollingsworth, creates pizzas, burgers and salads meant to resemble the ones sold at franchise outlets.
It’s a fun Hollywood remake of your fast-food memories.
Thanks for reading. I’ll be back tomorrow. — Soumya
P.S. Here’s today’s Mini Crossword.
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The post Why an Oregon Case Before the Supreme Court Matters So Much to California appeared first on New York Times.