Los Angeles, CA - February 16: Mayor Karen Bass, left, chats with Jawonna Smith, 33, who lives in a tent on sidewalk behind Academy Museum of Motion Pictures, before she was moved to a motel under Inside Safe program on Thursday, Feb. 16, 2023 in Los Angeles, CA. (Irfan Khan / Los Angeles Times)

(Irfan Khan/Los Angeles Times)

Asking the Supreme Court to weigh in on homeless policy invites troubles for L.A. and other cities

Editorials

The Times Editorial Board

Oct. 9, 2023

There are

ways for

to reduce homelessness

housing,

mental health or substance use services

prevent people from becoming homeless in the first place. Citing and arresting homeless people camped on sidewalks,

is not one of them. Nor is whining to the Supreme Court that judges wont

cite or arrest homeless people.

Yet

Newsom

cities including L.A. City Atty. Hydee Feldstein Soto community groups and various jurisdictions across the West have

briefs

asking the Supreme Court to overturn appellate court rulings that they say either limit their ability to enforce anti-camping regulations or dont offer enough guidance on how to do it.

The 9th Circuit Court of Appeals, in 2018 and 2019, 

a federal court decision in Martin vs. City of Boise

that its a violation of 8

Amendment rights prohibiting cruel and unusual punishment to criminalize

sleeping outside anywhere or without the availability of an alternative

an adequate shelter bed or other interim housing.

The 9th Circuits 2023 decision in the case of the City of Grants Pass, Oregon vs. Gloria Johnson extended the reach of the Boise decision

civil citations that can escalate with repeated offenses into criminal penalties. In both these decisions, there are exceptions:

ities can declare some areas off-limits to camping, just not

areas. And they can enforce

if adequate shelter is available for the people

.

Youd think that the 9th Circuit had told cities they had to keep homeless camps on sidewalks permanently. City and state officials

that their hands

tied in their efforts to keep their streets clean and implored the Supreme Court to hear the case. (The a

petition

he city of Grants Pass

the Supreme Court take up the case.)

They claim

confused and

clarification:

, does allowing people to sleep on sidewalks because they have nowhere else to go extend to urination and defecation in public or open flame cooking in public? asked Feldstein Soto in her brief. (In fact, the city of L.A. has already said it wont enforce ordinances against public urination against homeless people.)

Even as Newsom and Feldstein Soto in their separate briefs said they supported the underlying decision against criminalizing homelessness,

. Feldstein Soto warned in her briefing that if the high court let the decisions stand, a real risk of lawlessness, illness, and threats to public health and safety exists, to the detriment of unhoused and housed residents alike.

F

Mayor Karen Bass, who has smartly focused her attention on getting homeless people off sidewalks by offering them housing, is unequivocally opposed,

I do not support the Supreme Court hearing an appeal of the Grants Pass decision to potentially issue a ruling that could embolden those who wish to criminalize unhoused Angel

nos.

And that is precisely

if the Supreme Court takes this case

overturns both of these important decisions. The court is not going to take this opportunity to do a Q and A on whether cooking over an open flame is permitted. Thats not the level of nuance the court will get into.

Current rulings

t stop city and state officials from getting homeless people out of encampments,

providing the temporary and permanent housing and services that are the only way to

homeless

.

limited enforcement as long as there are some places that homeless people can sleep outside or some available shelter for at least some homeless people.

In Los Angeles, homeless people already are barred from camping in front of schools, day-care centers, parks and other areas designated by council members.

sleep

in vehicles overnight

. Instead of complaining about not having enough ways to force homeless people off sidewalks, officials should be concentrating on finding more housing and offering more services.