High Court Will Decide Whether Homeless Have a ‘Right’ To Camp in Squalor

Across America, cities are increasing shelter accommodations, but many homeless people refuse to get off the streets.

AP/Jeff Chiu
Tents line a sidewalk on Golden Gate Avenue at San Francisco. AP/Jeff Chiu

Tired of stepping over needles and human waste, and navigating around half-conscious addicts and homeless encampments? You’re not alone. Most decent, hardworking people want clean sidewalks for getting to work and walking their children to school.

Yet cities are legally barred from cleaning up homeless encampments. Advocates went to court and won rulings, guaranteeing homeless people almost unfettered freedom to set up tents and live in the rough, your health and safety be damned.

Here’s the good news. On January 12, the United States Supreme Court announced that it will rule on a case challenging this new normal of squalor, disease, and shouting schizophrenics invading our neighborhoods.

The town of Grants Pass, Oregon, about 250 miles south of Portland, Oregon, is challenging a Ninth Circuit Court of Appeals ruling that goes back to 2018, shielding homeless people from any punishment for camping on public property. 

The Ninth Circuit, known for its left-wing jurisprudence, says penalties for sleeping on public property amount to “cruel and unusual punishment.”

That ruling has directly tied the hands of city politicians at Phoenix, San Francisco, Los Angeles, Portland, and other Western cities. It has also been cited by courts in the rest of America as a reason to tolerate homeless encampments. What the justices decide this spring will impact the entire country.

Advocates for homeless people say cities are unwilling to spend the money to take care of the indigent. Don’t fall for that. Across the nation, municipalities have been increasing shelter accommodations, but many homeless people flatly refuse to get off the streets.

They choose to sleep in the “rough” rather than put up with the rules and conditions in public shelters. A Portland survey showed that between May 2022 and July 2023, 75 percent turned down offers for shelter accommodations. In 2023 at San Francisco, 54 percent turned down offers, according to city data.

Homeless people deserve compassion, but allowing them to stay on the street, where they freeze to death on a sidewalk or succumb to disease, is not compassionate. They are, on average, reducing their own lifespan by three decades or more.

Nationwide, the proportion of homeless people choosing the streets over public shelters is steadily increasing. The Grants Pass litigants tell the Court that “time is of the essence.”

“The consequences of inaction are dire… crime, fires, the reemergence of medieval diseases, environmental harm, and record levels of drug overdoses and deaths on public streets.”

Even Governor Newsom is warning the justices that homeless encampments “are dangerous” and pose “immediate threats to health and safety.” Mr. Newsom may have political reasons for changing his tune, but his brief to the Court talks of “significant risks for disease transmission” and “property damage, theft, and break-ins” near the encampments.

Scotus will rule no later than June. Expect the justices to overturn the Ninth Circuit’s loony decision and free municipalities to restore order and safety to their streets. Yet the court can’t command them to do it. Ultimately, it will depend on local officials to act on behalf of the quiet, law-abiding majority.

Mayor Adams recently boasted that he’s not allowing New York City to descend to the likes of Skid Row at Los Angeles. Holding up a photo of L.A. and pointing to the filth, he exclaimed, “There are no toilets!” and asked, “Is this what you want your children to see?”

Mr. Adams, to his credit, has acted aggressively to involuntarily commit the mentally ill and get them off the streets. Only don’t count on other NYC officials to act so sanely.

In June, a Homeless Bill of Rights, written by the far-left New York City Council, became law. It explicitly acknowledges a right to sleep outdoors. 

It pits Mr. Adams against the bill’s sponsor, New York City’s public advocate, Jumaane Williams, who has an eye on Mr. Adams’ job and would temporarily accede to it if Mr. Adams steps down for any reason.

Mr. Williams says that calling for shutting down encampments is “stoking fear.” Voters take note. New Yorkers and voters everywhere need to elect leaders who will end the squalor.

Creators.com


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