The Supreme Court ruling for City of Grants v. Johnson, which targets houseless people, will have a direct impact on some being paroled from prisons along with others who have limited resources to sleep in a home.
On July 25th, Gov. Gavin Newsom issued an executive order urging local officials to quickly identify and clear out dangerous encampments.
“I know I’m going to have to find a shelter or maybe sleep outside until I can get on my feet,” said Arthur Yeary, a SQ resident who will be paroling soon.
“Being arrested for not having somewhere to go is just one more thing I’ll have to worry about.”
The release stated those experiencing homelessness may be as diverse as the nation itself – they are young and old and belong to all races and creeds including those who are incarcerated.
Residents of San Quentin Rehabilitation Center have concerns about going from the incarcerated community to the house-less one.
Mayor London Breed’s decision to clean up camps was a Supreme Court decision criminalizing sleeping outside which gave cities the power to enforce the ruling through fines or jail time.
“Mayor London Breed pledged that San Francisco would launch a very aggressive crackdown on homeless encampments, according to a press release”
The 2023 Annual Homelessness Assessment Report, people become house-less for reasons like economic difficulties, rising housing costs, natural disasters and drug addiction.
Justice Sotomayor, who opposed the ruling, felt that sleeping is a “biological necessity” and shouldn’t be criminalize, as that is some people’s only option. In addition, Sotomayor noted that people’s rights deserve to be safeguarded.
In the 6-3 approval of City of Grants Pass law regarding homelessness concluded “cruel and unusual punishment” language under the Eighth Amendment does not apply to person(s) living on the streets.
Different government agencies may use these laws in different ways and to varying degrees. Although, many broadly agree that “policymakers need access to the full panoply of tools in the policy toolbox” to tackle “the complicated issues of housing and homelessness,” according to Newsom’s brief.
“The governor wants to help us get out of prison but then wants to arrest us for not having a place to go,” Yeary said.
According to a 2020 HUD report, 78% of the unsheltered suffer from mental health issues, while 75% struggle with substance abuse and those living without shelter often live together.
As the sizes of these encampments have grown, so have the challenges they pose for the house-less and others.
According to a California State Sheriff Department brief, “the exponential increase in … encampments in recent years has resulted in an increase in crimes both against the homeless and by the homeless.”
With encampments dotting neighborhood sidewalks, adults and children in these communities are sometimes forced to navigate around used needles, human waste and other hazards to make their way to school, the grocery store or work, other reports have stated. Those with physical disabilities bypassing house-less camps pose a challenge, as they may lack the mobility to maneuver safely around the encampment.
As many cities see it, even as they have expanded shelter capacity and other public services, their unsheltered population has continued to grow. In some cities, the vast majorities of the houseless is not actively seeking shelter and refuse services. Some decline offers of assistance because of concerns for their safety or the rules some shelters impose regarding curfews, drug use or religious practices are too difficult for them to follow, stated the HUD report.
”When you look at the outcomes of these interactions [between police and the house-less,] it does so much damage and doesn’t lead to real solutions for that individual or the population as a whole,” said Jennifer Friedenbach in the press release.
