SAN FRANCISCO (KRON) -- A district court ruling preventing the City of San Francisco from enforcing some of its laws to clear homeless encampments will remain in place. This after the 9th Circuit Court of Appeals refuses the strike the measure down.
The City of San Francisco has been prevented from enforcing certain laws to clear homeless encampments since a preliminary injunction was issued in December 2022. Now in a 2-1 decision, a three-judge panel from the 9th Circuit Court of Appeals has refused to strike down that district court ruling.
"The Ninth Circuit confirms what we've said all along, which is that unless and until the city can make specific offers of adequate shelter to folks, it should not and cannot, under the Eighth Amendment be criminalizing people for the simple fact of being too poor to have someplace to sleep at," said Nisha Kashyap who is the attorney representing the Coalition on Homelessness.
Attorneys for the Coalition on Homelessness were pleased with the ruling and have maintained the city has a practice of not offering unhoused individuals shelter prior to arrest, citation or destruction of their property.
The city denies that. While they’re disappointed the lower court ruling remains in place, they are pleased the Ninth Circuit has issued a memo directing the lower court to clarify certain parts of its injunction on the record.
"The fact that we have real clarity now that if someone is offered shelter, they are not considered involuntarily homeless and the injunction doesn't apply to them, which means that the laws on the books can be enforced against those individuals that is helpful," San Francisco City Attorney David Chiu said. "The fact that police officers can help to stand by in case issues happen at homeless encampment resolutions is very helpful for the safety of workers and the safety neighborhoods."
Late in the afternoon, Gov. Gavin Newsom issued a statement on the ruling saying.
"This latest action by the court will only create further delays and confusion as we work to address homelessness. It offers a troubling invitation to continued litigation that will hamper efforts to address encampments and provide people with the resources they need," Newsom said in a statement.
Keep in mind, this lower court ruling limiting the powers of the City of San Francisco when it comes to homeless encampments is only a preliminary injunction. A full trial on the matter is set to begin in October.
from KRON4 https://ift.tt/YiuN7c3
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