How will the Supreme Court’s Grants Pass decision affect the City’s work to address homelessness? Here’s an FAQ

In its most significant decision on homelessness in decades, the U.S. Supreme Court on June 28, 2024, ruled that it is not a violation of the Eighth Amendment for municipalities to enforce a prohibition on camping in public spaces.

The Supreme Court's ruling vacates the law established by the Ninth Circuit Court of Appeals, whose jurisdiction includes California and eight other western states. The Ninth Circuit, in Martin v. Boise, previously ruled that cities could not cite or arrest people experiencing homelessness for unlawful camping on public property unless shelter beds were first made available as an alternative.

The City of Sacramento has been asked how the Supreme Court's ruling affects its work to address the local homelessness crisis, including the daily outreach and compliance efforts from the City's Incident Management Team (IMT"). In response, the City has developed the following FAQ for a better understanding of how the City is proceeding with this change in law.

Q: What does the City's unlawful camping ordinance state?

Sacramento City Code 12.52.030 prohibits camping, occupying camp facilities or using camp paraphernalia on public property (absent a special event permit) or private property (absent permission by owner).

Q: Will the recent Supreme Court ruling affect how the City enforces its unlawful camping ordinance?

Yes. The City had been enforcing its unlawful camping ordinance under the parameters set by the Ninth Circuit Court in Martin v. Boise. After the United States Supreme Court overruled Martin v. Boise with its decision in City of Grants Pass v. Johnson, the City of Sacramento is now able to enforce its unlawful camping ordinance without the requirement to offer shelter beds to individuals. Despite this change in law, achieving voluntary compliance by working with individuals in violation of the ordinance will remain the City's primary objective. The City will also continue to enforce its ordinances related to sidewalk obstruction, unlawful storage, park camping and curfew and critical infrastructure.

Q: Will this change in the law affect the work of the City's Incident Management Team responding to homelessness?

No. The IMT, which deploys teams seven days a week to respond to 311 calls involving homelessness, will continue to provide outreach and connection to services to persons experiencing homelessness (PEH) while also working to achieve compliance with the law. The IMT will continue to publish on the City's news site its weekly progress report, which provides metrics on calls for service received/closed as well as how many PEH have been enrolled into local data bases that match them with shelter and other resources. The City also maintains a public-facing data dashboard about its ongoing outreach, compliance and clean-up efforts.

Q: Will anyone who violates the unlawful camping ordinance be immediately cited?

The City recognizes that the Supreme Court's ruling represents a significant change in law. Similar to its implementation of its updated sidewalk obstruction ordinance in 2022, the City will work to educate PEH about the change and will temporarily provide a 24-hour notice (unless it involves an immediate health and safety issue) for those in violation of the law to comply. Again, achieving voluntary compliance will remain the City's primary objective.

Q: What is the penalty for violating the unlawful camping ordinance?

A violation of the unlawful camping ordinance is a misdemeanor and can result in criminal enforcement.

Q: Does the City think it can enforce its way out of the homelessness crisis?

No. According to the 2024 Point-in-Time Count, there are approximately 3,050 individuals experiencing unsheltered homelessness in the City on any given night, and it would be unreasonable to think that enforcement alone will provide a solution to this issue.

The City has always sought a balanced and compassionate response to the homelessness crisis by providing intensive outreach to PEH while also seeking compliance with the law. The City will continue to use all available resources to help address the hardships that PEH face, including offering shelter when available, while also working to protect the health and safety of all City residents.

In recent years, the City has taken significant steps to respond to the ongoing homelessness crisis. This includes the creation of new shelters and programs, establishing the Department of Community Response, and signing an historic partnership agreement with the County of Sacramento to better coordinate local response to homelessness and the interdepartmental efforts from IMT.

In collaboration with its partners, the City is working diligently to provide services, support, and solutions in our community. Click here to learn more about the City's comprehensive response to the homelessness crisis.

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