I thought the U.S. Supreme Court ruled that homeless people weren’t allowed to set up camps or hang out and that Governor Newsom said we could clear them out?

I thought the U.S. Supreme Court ruled that homeless people weren’t allowed to set up camps or hang out and that Governor Newsom said we could clear them out?

January 7, 2025

In 2018, the Ninth Circuit Court of Appeals issued a decision in the case of Martin v. Boise (Boise Decision). The Boise Decision generally prohibited cities in California from enforcing anti-camping ordinances unless there were enough shelter beds available for the city’s homeless population. Earlier this year, the United States Supreme Court overturned the Boise Decision as part of the City of Grants Pass v. Johnson case. Specifically, the Supreme Court held that it did not violate the Constitution’s prohibition on cruel and unusual punishment to enforce anti-camping ordinances (although other legal limitations might apply in certain circumstances). Enforcement includes the ability to issue fines or criminal citations for violation of anti-camping ordinances. Governor Newsom recently ordered State agencies and departments to adopt clear policies to address homeless encampments on State property while respecting the dignity and well-being of all Californians. The Order also encouraged cities and counties to do the same. 

The court cases and the Governor’s order were not blanket directives to immediately clear homeless encampments, nor did they authorize homeless encampments to be cleared except in compliance with applicable laws.