San Francisco City Attorney David Chiu is taking the fight against a Ninth Circuit Court ruling to the U.S. Supreme Court, filing an amicus brief with the nation's highest court in a bid to overturn a decision that's tied the City's hands in dealing with its burgeoning homeless encampments, as reported by the City's official website. At the heart of the matter is the interpretation of the Eighth Amendment and its implications for how municipalities can legally manage public spaces while upholding the rights of the homeless.
The case, Grants Pass v. Johnson, has drawn national attention as it could set far-reaching legal precedents with the pre-existing injunction stymieing San Francisco's efforts to address public health and safety concerns, Chiu argues that the Ninth Circuit's "misinterpretation" of the Eighth Amendment has caused confusion and unwarranted legal hurdles for cities trying to handle the homelessness crisis compassionately; the Supreme Court's decision, due later this term, is poised to impact the City's ongoing litigation related to tent encampments.
San Francisco insists it strikes a balance, offering services rather than punishment for the crime of being homeless, "It does not make sense to punish status or criminally prosecute homeless individuals for being homeless," Chiu said, according to the statement on the City Attorney's website, emphasizing the City's strategy of not entirely banning sleeping and lying in public spaces at all times. The existing legal complexities have led to an untenable hurdle that needs the Supreme Court's intervention.
In a case initiated by the Coalition on Homelessness, San Francisco faces a preliminary injunction that prohibits enforcement of anti-homelessness laws when there aren't enough shelter beds for the city's massive homeless population. The injunction references Grants Pass and the situation has put the City's policy-making at a standstill, with each interaction between City workers and the homeless potentially subject to federal court review which according to the City, has made it extremely difficult for employees to execute their duties while upholding public space integrity.
San Francisco's efforts suffered another blow in September 2023 when the Ninth Circuit clarified that the injunction wouldn't apply to those who refuse shelter offers yet still largely upheld in January. The Supreme Court's upcoming review of Grants Pass in April grants a temporary reprieve as legal proceedings are stayed for 30 days post-decision. This pause grants stakeholders a window to recalibrate strategies based on the forthcoming judicial direction in the Coalition on Homelessness v. City and County of San Francisco case looming in the balance.
