Legal experts said the U.S. Supreme Court’s landmark ruling on Friday that gives cities across the country the green light to conduct homeless-encampments sweeps could have wide-ranging implications in San Francisco.
In September 2022, the Coalition on Homelessness filed a lawsuit alleging that San Francisco violated the U.S. Constitution by clearing homeless encampments and homeless people’s property. The case was paused in February while both sides awaited the Grants Pass ruling. The terms of the injunction imposed by U.S. District Court Magistrate Judge Donna Ryu in December 2022 effectively require The City to abide by its own laws, which require offers of shelter before clearing people from encampments, as well as “bagging and tagging” their belongings so they can be recovered at a later date.
Breed said the decision would allow The City to “do a lot more than we have in the past, and basically enforce our laws,” including the sit-lie law that prohibits sitting or lying on city streets. U.S. Supreme Court justices cite The City in homelessness ruling The decision addressed constitutional limits on cities’ ability to address the widespread issue
“How many people are homeless on a night versus how many shelter beds you have available? That’s not at issue anymore,” he said. “It doesn’t fully resolve questions about what local jurisdiction can do ... But it removes that large barrier, which was what Judge Ryu relied on with Martin.”
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