REGION — Gov. Gavin Newsom announced today his decision to issue an executive order to remove homeless encampments in the state, adding that local authorities will decide on the removals.
The guidance follows a decision by the U.S. Supreme Court earlier this summer allowing cities to enforce bans on sleeping outside in public spaces.
“The state has been hard at work to address this crisis on our streets,” Newsom said in a statement. “There are simply no more excuses.”
Newsom’s order directs state agencies to move urgently to address encampments while supporting and assisting the individuals living in them. It also provides guidance for cities and counties to do the same.
“We must act with urgency to address dangerous encampments,” Newsom said.
The governor added that homeless people are subjected to living in “extreme weather, fires, predatory and criminal activity, and widespread substance use.”
While Newsom lacks the authority to mandate action, he can influence local decisions by allocating billions in state funds for homelessness initiatives.
The Supreme Court’s 6-3 decision on June 28 reversed a San Francisco appeals court ruling that found outdoor sleeping bans amount to cruel and unusual punishment when there is no available shelter space for the homeless. The ruling of the Supreme Court’s majority found that the 8th Amendment does not apply to outdoor sleeping bans.
The case originated in the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks.
The U.S. 9th Circuit Court of Appeals, which has jurisdiction over nine Western states, ruled in 2018 that such bans violate the 8th Amendment for those who are in areas where there are not enough shelter beds.
In North County, shortly after the Supreme Court’s decision, the San Marcos City Council amended the municipal code to prohibit homeless encampments on public property, regardless of whether shelter space is available, establishing one of the most restrictive bans in San Diego County.