A recent ruling by an appellate court has thwarted San Francisco's attempts to dismantle drug encampments on public sidewalks and areas.
The U.S. 9th Circuit Court of Appeals, comprising a three-judge panel, sided with the Coalition on Homeless, represented by the ACLU. The court's decision prevents San Francisco from enforcing any ordinance that penalizes sleeping, lodging, or camping on public property.
The Coalition on Homeless, a progressive advocacy group, challenged San Francisco's encampment clearing policies. The court's ruling was based on a broad interpretation of The 8th Amendment, which states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Circuit Judge Lucy H. Koh, a Biden appointee, penned the majority opinion, which was supported by Circuit Judge Roopali H. Desai, another Biden appointee. The opinion interpreted the prevention of homeless people from sleeping in public as "cruel and unusual."
However, Circuit Judge Patrick J. Bumatay, a Trump appointee, disagreed. He argued, "it cannot be cruel and unusual to prohibit homeless persons from sleeping, camping, and lodging wherever they want, whenever they want. While they are entitled to the utmost respect and compassion, homeless persons are not immune from our laws."
The U.S. Supreme Court has agreed to hear appeals from local governments in similar predicaments, including Los Angeles, San Francisco, and Phoenix. California Governor Gavin Newsom, in an amicus brief, contended that "courts are not well-suited to micromanage such nuanced police issues based on ill-defined rules. He further stated that the ruling would "only create further delays and confusion as we work to address homelessness."
The 9th Circuit panel declined to consider arguments from other California cities advocating for local law enforcement, stating the arguments were not correctly raised or supported by facts. However, the panel clarified that the injunction only applies to "involuntarily homeless" individuals, or those who have not been offered shelter by the city.
Jen Kwart, a spokeswoman for San Francisco City Atty. David Chiu, expressed disappointment at the panel's decision not to consider the city's arguments. She stated, "Cities cannot reasonably be expected to solve homelessness while operating under this uncertainty. At some point, a court will need to clarify the law in this area, and it is disappointing that in the midst of an intense homelessness crisis, we all must continue to wait for that clarification."
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