In a significant legal resolution, San Francisco has reached a financial settlement of $2.8 million in a case concerning the city’s controversial practice of clearing homeless encampments from public spaces.
The lawsuit was initiated in September 2022 by several homeless individuals, along with the Coalition on Homelessness and the ACLU, amid escalating public concern over sprawling tent encampments across the city.
The plaintiffs argued that the city’s sweeps infringed upon constitutional rights, claiming violations of the Fourth Amendment’s protection against unreasonable searches and seizures, the Eighth Amendment’s prohibition against cruel and unusual punishment, and the Fourteenth Amendment’s guarantee of due process.
Prior to this case, the legal landscape had been shaped by a federal ruling from 2018 in a similar case from Boise, Idaho. That ruling determined that punishing the homeless for public camping was unconstitutional due to the lack of adequate shelter alternatives.
Another case in Grants Pass, Oregon, further established that cities cannot enforce camping laws if there are insufficient shelter facilities available. This pattern of legal precedents set a critical framework for the San Francisco case.
In June 2024, the Supreme Court took a decisive stance by ruling that cities had the authority to enforce anti-camping laws as they saw fit, stating that homelessness does not qualify as a protected status in the same vein as addiction-related issues.
The Court’s ruling did not delve into whether cities provided adequate shelter for the homeless, ultimately allowing local ordinances to dictate the use of public spaces.
This decision prompted the Ninth Circuit to permit San Francisco to resume its encampment sweeps, leading to Judge Donna Ryu’s ruling last December. Judge Ryu significantly narrowed the original lawsuit while also determining that the city must adhere to its ‘bag-and-tag’ policy for individuals’ belongings, ensuring that these items are stored for a period to allow retrieval.
With the recent settlement, which allocates $22,000 to two formerly homeless individuals among the total amount, city officials expressed relief at moving forward. Jen Kwart, a spokesperson for City Attorney David Chiu, stated, “We are happy to be putting this lawsuit behind us so that all sides can focus on providing services and addressing homelessness.”
Kwart emphasized the city’s commitment to helping individuals in crisis, highlighting ongoing efforts to improve outcomes for those living on the streets. Mayor Daniel Lurie echoed this sentiment in his remarks, affirming the city’s dedication to enacting positive change: “We are doing the work to deliver progress for San Francisco, and as we put this litigation behind us, we will continue doing that work every day.”
In a separate development, the Coalition on Homelessness has shifted its focus as the city announced changes to shelter policies for homeless families. Previously limited to 30-day stays, families will now be granted initial stays of up to 90 days, with an additional 90-day extension possible, contingent on review by the Department of Homelessness and Supportive Housing.
Jennifer Friedenbach, the executive director of the Coalition on Homelessness, welcomed this policy change and thanked Supervisor Jackie Fielder for her support, affirming the commitment to ensuring safe housing for children and youth in San Francisco.
Despite the legal settlement, the city continues its encampment sweeps, reporting the lowest number of tents and makeshift structures recorded since 2019, with only 165 counted recently.
Additionally, the San Francisco Board of Supervisors is preparing to vote on a new ordinance that would ban RV parking on city streets, another facet of the ongoing strategy to manage the homeless population and redistribute them away from urban locations.
As the city navigates the complexities of homelessness and public policy, the settlement marks a significant milestone in the ongoing dialogue between municipal authorities, advocacy groups, and the homeless community.
Though progress has been made, the Coalition on Homelessness has yet to comment publicly on the settlement, leaving some questions about the future of the city’s homeless policies and practices.
image source from：sfist
