San Francisco, Grants Pass appeal court bans on clearing, ticketing homeless people

Aug 24, 2023

Karah Rucker Anchor

By Karah Rucker (Anchor), Ben Burke (Producer/Editor)

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Two West Coast cities, San Francisco and Grants Pass, Oregon, have appealed to the courts looking for relief from the homelessness crisis. Each city has been banned from taking certain steps to address homelessness.

In December 2022, a federal judge banned the city of San Francisco from clearing homeless encampments until there are more shelter beds available than there are homeless people in the city. Lawyers for the city argued against the ban in court on Wednesday, Aug. 23.

San Francisco City Attorney David Chiu said because of the ban, homeless people are refusing offers of shelter more often. He added it would cost at least $1.5 billion to house every homeless person in the city.

More than 200 people, including San Francisco Mayor London Breed, showed up at the 9th Circuit Court of Appeals Wednesday. They urged the court to vacate the ban.

“We are compassionate, we are supportive, we continue to help people, but this is not the way,” Mayor Breed said. “‘Anything goes in San Francisco’ is not the way.”

Meanwhile, the city of Grants Pass, Oregon asked the Supreme Court to decide whether local governments can ticket homeless people for sleeping on public property, or whether that would be considered cruel and unusual punishment under the Constitution.

According to court records and USA Today, the city of 38,000 has anywhere from 50 to 600 homeless people in it. City officials said a ban on giving out tickets has created a dire situation within and around encampments, making it tough for officials to do things like deal with crime and fires in the city.

The Supreme Court will likely decide whether to hear the case either late in 2023 or early in 2024.

The question from cities to court of whether homelessness can be punished under laws designed to regulate public camping and sleeping outside has grown in prominence with homelessness in the United States on the rise since 2018. In 2019, the Supreme Court declined to hear a challenge to a 9th Circuit ruling that said homeless people could not face criminal prosecution for sleeping outside.

Tags: Homelessness, London Breed, Oregon, San Francisco, Supreme Court

TWO WEST COAST CITIES — ONE LARGE AND ONE SMALL — ARE APPEALING TO THE COURTS — LOOKING FOR RELIEF FROM THEIR CRISES OF HOMELESSNESS.

EACH CITY HAS BEEN BANNED FROM TAKING CERTAIN STEPS TO ADDRESS HOMELESS.

LAST DECEMBER — A FEDERAL JUDGE BANNED THE CITY OF SAN FRANCISCO FROM CLEARING HOMELESS ENCAMPMENTS UNTIL THERE ARE MORE SHELTER BEDS AVAILABLE THAN THERE ARE HOMELESS PEOPLE IN THE CITY.

LAWYERS FOR THE CITY ARGUED AGAINST THE BAN IN COURT WEDNESDAY.

THE SAN FRANCISCO CITY ATTORNEY SAID BECAUSE OF THE BAN — HOMELESS PEOPLE ARE REFUSING OFFERS OF SHELTER MORE OFTEN.

HE ADDED IT WOULD COST AT LEAST 1-POINT-5 BILLION DOLLARS TO HOUSE EVERY HOMELESS PERSON IN THE CITY.

ON WEDNESDAY — MORE THAN 200 PEOPLE — INCLUDING SAN FRANCISCO MAYOR LONDON BREED — SHOWED UP AT THE 9th CIRCUIT COURT OF APPEALS — URGING THE COURT TO VACATE THE BAN.

BREED SAID QUOTE — “WE ARE COMPASSIONATE, WE ARE SUPPORTIVE, WE CONTINUE TO HELP PEOPLE, BUT THIS IS NOT THE WAY. ‘ANYTHING GOES IN SAN FRANCISCO’ IS NOT THE WAY.”

MEANWHILE — THE CITY OF GRANTS PASS OREGON IS ASKING THE SUPREME COURT TO DECIDE WHETHER LOCAL GOVERNMENTS CAN TICKET HOMELESS PEOPLE FOR SLEEPING ON PUBLIC PROPERTY — OR WHETHER THAT WOULD BE CONSIDERED CRUEL AND UNUSUAL PUNISHMENT UNDER THE CONSTITUTION.

ACCORDING TO COURT RECORDS — THE CITY OF 38-THOUSAND HAS ANYWHERE FROM 50 TO 600 HOMELESS PEOPLE IN IT.

CITY OFFICIALS SAY A BAN ON GIVING OUT TICKETS HAS CREATED A DIRE SITUATION WITHIN AND AROUND ENCAMPMENTS — AND HAS MADE IT TOUGH FOR OFFICIALS TO DO THINGS LIKE DEAL WITH CRIME AND FIRES IN THE CITY.

THE SUPREME COURT WILL LIKELY DECIDE WHETHER TO HEAR THE CASE EITHER LATER THIS YEAR OR EARLY NEXT YEAR.

THE QUESTION OF WHETHER HOMELESS PEOPLE CAN BE PUNISHED UNDER LAWS DESIGNED TO REGULATE PUBLIC CAMPING AND SLEEPING OUTSIDE IS GROWING IN PROMINENCE — WITH HOMELESSNESS IN THE U-S ON THE RISE SINCE 20-18.

IN 20-19 — THE SUPREME COURT DECLINED TO HEAR A CHALLENGE TO A 9th CIRCUIT RULING THAT HOMELESS PEOPLE COULD NOT FACE CRIMINAL PROSECUTION FOR SLEEPING OUTSIDE.