Gov. Gavin Newsom issued an executive order for California state agencies to begin clearing homeless encampments on state property on July 25.
Newsom explained Executive Order N-1-24 in a press release on the Governor’s website.
“This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them — and provides guidance for cities and counties to do the same,” Newsom said. “The state has been hard at work to address this crisis on our streets … It’s time for everyone to do their part.”
The move follows the Supreme Court decision in City of Grants Pass, Oregon v. Johnson et al. on June 28. The ruling states that cities arresting or imposing fines on individuals who established encampments on public property, including cases where no alternate housing is available, did not constitute cruel and unusual punishment under the Eighth Amendment.
In a press release, Newsom said the ruling “removes legal ambiguities that have tied the hands of local officials” regarding encampments.
Over 123,000 people experienced unsheltered homelessness in 2023 according to the order. In light of the homeless crisis, Newsom stated in the release that the initiative directs government entities to adopt “humane and dignified policies” to address encampments.
The executive order requires state agencies to clear encampments in accordance with the California Department of Transportation’s Maintenance Policy Directive 1001-R1. Encampments that display the highest safety concerns, such as those “that pose a threat to the life, health, and safety of the community” are to be prioritized. Agencies are required to provide advance notice to residents, store belongings at the site for at least 60 days and partner with service providers to support unhoused individuals.
Newsom’s executive order additionally requests that cities adopt similar policies to clear encampments using “all available resources and infrastructure.”
Palm Springs, Calif. is one city to act on the order.
On July 9, Palm Springs City Council members voted 3-2 to move forward with an ordinance amending city law to bar encampments or sleeping in certain public access points and areas of public health or safety concern. The ordinance also included specific guidelines on abatement of encampments.
According to the amended law, if the individual is residing in a waterway, within two blocks of a school district, causing or threatening harm or disturbance or displaying indecent exposure, the law will be enforced regardless of the availability of alternate housing. Violations of the law may be prosecuted as a misdemeanor with arrest and fines.
In response to the Grants Pass decision, the Los Angeles County Board of Supervisors passed a motion on July 23 regarding encampment measures. The Board affirmed that LA County jails will not be used to hold people arrested under anti-encampment policies.
“Arresting people for sitting, sleeping, or lying on the sidewalk or in public spaces does not end their homelessness, and will only make their homelessness harder to resolve with a criminal record and fines they can’t afford to pay,” the motion reads.
In an amici curiae brief submitted to the Supreme Court for the Grants Pass decision, congressional members behind the brief argued against city enforcement of encampments. They instead advocated for measures that address structural reasons for homelessness.
“Punishing human beings for existing when they have nowhere safe to rest is not only unconstitutional, it is also the least effective and most costly response a city can choose,” the brief reads.
An additional brief submitted by the California State Sheriffs’ Association and other entities argued that enforcement afforded by law will improve health and safety outcomes for unhoused individuals and local communities.
Local governments have “little or no enforcement power over their unhoused populations, leading to an explosion of encampments throughout the State of California. As a result, many unhoused people live in unnecessarily dangerous situations due to crime, trash, human waste and rampant substance abuse,” the brief reads.
In Irvine, the city provides resources for homelessness prevention, including funding for local organizations and housing initiatives. There are no homeless shelters in the city.
In 2018, over 250 Irvine community members protested a proposal from the OC Board of Supervisors to convert a former military base near the Great Park into a homeless shelter, according to the Voice of OC. Protesters expressed concerns about drug use and possible danger to local communities.
In response to the OC Board of Supervisors’ proposal, the Irvine City Council released a statement announcing the city would begin litigation against the county to stop plans to build the shelter.
The city of Irvine declined to comment on plans regarding encampment policies.
Malaika Sultan is a News Intern for the summer 2024 quarter. She can be reached at malaiks1@uci.edu.
Edited by Victoria Le and Beatrice Lee.
