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Homeless encampments on public property will take center stage at US Supreme Court

A homeless encampment near San Luis Creek.
Courtesy Of The City Of San Luis Obispo
A homeless encampment near San Luis Creek.

The US Supreme Court is set to address the issue of homeless encampments on public property — a decision that could affect San Luis Obispo County.

The court will review a 2018 appeals case, Johnson v. City of Grants Pass, where the Ninth Circuit deemed the removal of homeless people from public spaces as unconstitutional.

The ruling cites violations of the 8th Amendment's protection against “cruel and unusual punishment.”

Janna Nichols, the Executive Director of 5Cities Homeless Coalition, explained reversing this decision could cause potential challenges for local homeless outreach programs.

“My concerns are obviously for folks that are moving around. It will make it more difficult for my outreach team to find them,” Nichols said. “It may make it more difficult for us to connect folks with services.”

The Supreme Court's decision to hear the case follows a push from lawmakers, including Governor Gavin Newsom.

In a statement, Newsom criticized the Ninth Circuit’s decision for preventing “any number of reasonable efforts to protect homeless individuals and the broader public from the harms of uncontrolled encampments.”

Nichols said the court is failing to address the root causes of homelessness, including a lack of affordable housing.

“While this case may address some of the concerns of rights to public spaces– which are very real concerns– it doesn't actually get to the root question of ‘how do we how do we really solve this problem?’” Nichols said.

California is home to almost one-third of the nation’s homeless population, with an estimated 171,000 unhoused people.

San Luis Obispo County struggles to provide enough shelter beds. It's only able to accommodate 20% of people in need of them.

Each city follows its own approach to address encampments on public property. Nichols thinks the supreme court decision could help get local governments on the same page.

“Perhaps the one thing that may come out of this court ruling is at least some clarity for local governments as to what they can and cannot do,” Nichols said.

The date for the Supreme Court hearing on this case has not been announced.

KCBX Reporter Amanda Wernik graduated from Cal Poly, San Luis Obispo with a BS in Journalism. Amanda is currently a fellow with the USC Center for Health Journalism, completing a data fellowship that will result in a news feature series to air on KCBX in the winter of 2024.
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