More than a dozen cities and counties have passed new restrictions on public camping since the U.S. Supreme Court’s landmark decision in Grants Pass v. Johnson. The ruling overturned a previous decision by the 9th Circuit which said anti-camping laws, in absence of available shelter, violate the Constitution's Eighth Amendment protections against cruel and unusual punishment.
Shortly after Grants Pass, Gov. Gavin Newsom signed an executive order directing encampments to be cleared from state property. The order encourages local governments to clean up encampments in their jurisdictions too. Newsom has threatened to withhold funds from cities and counties that fail to do so.
A cascade of new restrictions has already begun. On September 24, the San Joaquin County Board of Supervisors is expected to finalize new rules that make it illegal to sleep outside in a tent, sleeping bag or car for more than one hour. Those found sleeping in public will first be offered shelter. If they refuse to leave, “we’re going to offer them the opportunity to visit our local county jail,” Supervisor Tom Patti told CalMatters.
San Francisco has stepped up its encampment sweeps, which were previously limited by a court case. Chico is hoping to increase sweeps despite a previous legal settlement.
Four of the five largest cities in San Diego County have either banned public camping or are considering an ordinance to do so. San Diego, Escondido, Poway, Vista and San Marcos have passed some form of ban. National City, Chula Vista, and Carlsbad may be next. The San Diego County Board of Supervisors is weighing new restrictions of its own.
Other cities restricting public camping include Long Beach and Antioch. Santa Monica is considering a policy to ban sleeping bags.
Even Berkeley — perhaps the most progressive city in the state — is cracking down. Last week, the city council approved the removal of encampments that are deemed hazardous, even if no shelter is available.
Homeless activists are trying to fight back in Berkeley and elsewhere, slamming the so-called “criminalization of homelessness” and demanding governments stay true to housing first policies. But the tide is clearly turning after years of a very visible crisis.
“The pendulum has swung,” National City Mayor Ron Morrison told Voice of San Diego. “It went from ‘[homeless] people have needs’ to ‘this just gets disgusting.’”
“We’ve lost the narrative,” acknowledged John Brady with the homeless advocacy organization, Lived Experience Advisors. Brady expects to see encampment bans of some kind in virtually every city.