The Supreme Court has given California a chance to create a better homeless camp law

Email addressMuhammad, who declined to provide his last name, warms his hand at a fire near his tent in Sacramento on Feb. 24, 2022. Photo by Miguel Gutierrez Jr., CalMattersa commentary forum aiming to broaden our understanding of the state and spotlight Californians directly impacted by policy or its absence. Learn moreDarrell Steinberg is the mayor of Sacramento. He is a former California Senate president and author of the Mental Health Services Act.

The dissenting justices rightfully note that tens of thousands of unsheltered Americans are the victims of poverty, an acute shortage of affordable housing and underlying physical, mental health and substance abuse conditions. They rightfully question where these people are supposed to go.speaks to the reality that large tent encampments are unhealthy and unsafe for both the people living in the encampments and for the neighborhoods and business corridors in American cities.

Society, through its governments at all levels, must have a legal obligation to genuinely offer everyone unsheltered a safe and dignified place to live indoors. Temporary shelter is not enough.With the evolution of manufactured housing that can be built faster and for less, a national Marshall Plan to dramatically increase production is possible, especially if there is a legal requirement to execute such a plan.care to everyone who is unsheltered and in need.

Whether the next test case tries to expand the substantive due process clause of the Fifth Amendment or its California counterpart, or elevates some other federal or state constitutional provision, the idea of combining rights and responsibilities is both intuitive and potentially powerful.

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