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What Rights Do Unhoused People Have Amid Heightened Sweeps?

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San Francisco Public Works employees clear debris on a bicycle path under Highway 101 near Cesar Chavez Street on Aug. 14, 2024, after an encampment sweep moved unhoused residents out of the area. (Beth LaBerge/KQED)

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ince December 2022, a legal ruling has protected unhoused people in California from facing criminal punishment for living on the street — as long as there’s no shelter available as an alternative.

That all changed in June when the 2022 ruling by the Ninth Circuit — the court that covers most of the country’s western states — was overturned.

Instead, in the case of the City of Grants Pass, Oregon v. Gloria Johnson, the conservative-heavy Supreme Court ruled that cities should have greater leeway to fine or jail people for camping on sidewalks and in parks, even if no alternative shelter exists.

The decision, often just known as “Grants Pass,” dealt a blow to housing justice advocates in the Bay Area and across the country. “I cried. I think most of us did,” said advocate Freeway Blalock, who is part of the West Oakland Homeless Union.

“It hit me like a ton of bricks,” Blalock said. “I was like, ‘Oh my God, our fight just got that much harder.’”

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Almost immediately after the Supreme Court decision, California Gov. Gavin Newsom issued a stern executive order directing state officials to start dismantling encampments across California. Urging cities to do the same, Newsom said, “There are simply no more excuses. It’s time for everyone to do their part.”

But in the aftermath of the Grants Pass ruling, what rights do unhoused communities still have amid ramped-up encampment sweeps? Keep reading for how things have already changed since the ruling, what legal advocates say unhoused people can do in the moment when caught up in a sweep, and what their housed neighbors can also do if they see a sweep in process.

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How have local authorities reacted to the Supreme Court ruling?

Following Newsom’s statement, San Francisco Mayor London Breed affirmed her stance in clearing out encampments, telling reporters, “We are going to make them so uncomfortable on the streets of San Francisco that they have to take our offer [of shelter or housing.] … We will be using law enforcement to cite, and those citations can get progressive and can lead to a misdemeanor.”

Meanwhile, the Fresno City Council passed an ordinance — which is still waiting on approval to be law — that would make camping on public property illegal. And unhoused Californians say they are already feeling an increased police presence. According to a report by CalMatters, San Francisco authorities removed 82 tents and five structures from the city’s streets in five days after the ruling, with nine people arrested or cited.

The Supreme Court’s ruling means that authorities no longer need to prove that shelter is available in order to pass criminal punishment onto an unhoused person sleeping on the street. But activists like Blalock stress that shelters in California are inadequate to handle the number of people facing homelessness anyway.

As of mid-August, sites for unhoused people were 93% full in San Francisco, with a little over 200 people on a waitlist. Even if a person does secure a bed, there can still be risks, as multiple media outlets have reported incidents of sexual harassment, food shortage and mold.

A member of the Encampment Resolution Team advises Salomon Bello Molina, 52, about temporary housing options as he packs his belongings near Cesar Chavez Street under Highway 101 in an area known as the ‘Hairball’ in San Francisco on Aug. 14, 2024. Molina left behind everything except for a few carts of items. Shortly after, San Francisco Public Works team members clear the area of debris. (Beth LaBerge/KQED)

What kind of pushback has the Grants Pass ruling received?

Not all local authorities have followed the governor’s lead. Los Angeles Mayor Karen Bass criticized Newsom’s order, and the county’s Board of Supervisors passed a motion to prevent jail time for just living in an encampment.

Santa Cruz Mayor Fred Keeley told KQED Forum that arrests were “not effective” and that Santa Cruz had found ways to add shelter beds and affordable housing units.“The governor ought to come visit rather than wag his finger at every jurisdiction in the state of California,” Keeley said.

Sacramento Mayor Darrell Steinberg was also against jail time for unhoused people and wanted instead to see the state focus on shelter availability. “Society must provide a bed to everybody, and people will have an obligation to take it,” he said.

John Do, an attorney with the ACLU Northern California, said that it was important to make sure a public leader’s words matched their policies — because “what happens on the ground, it often is very different.” For example, in Sacramento and Santa Cruz, he said there are simply not enough shelter opportunities.

“They just categorically do not exist,” he told KQED Forum. “And even if you’re not arresting individuals, certainly there are threats of it. And it’s understandable why an individual would ultimately choose not to be arrested and have to move, instead.”

John Janosko, an organizer based in Oakland, stressed the dangers unhoused people are facing, whether it is from arrest by police to aggression from housed individuals. “People are dying,” Janosko said. “We have a friend who just died a couple of days ago. She had brain cancer, and she was homeless this whole time. She didn’t really get the proper care that she needed to be able to beat brain cancer. She died somewhere on the street.”

“It’s just going to get worse and worse and worse if we as a community do not stand united — to push back on Gavin Newsom and these executive orders,” Janosko said.

What rights do unhoused people still have after the Supreme Court ruling?

Belongings

Nisha Kashyap, with the Lawyers Committee for Civil Rights of the San Francisco Bay Area, stressed that even after the Grants Pass ruling, “people who are unhoused — like all of us — still have Fourth Amendment rights to our property,” which constitutionally protect people from unreasonable searches and seizures by the government “That includes the property of unhoused people or unsheltered people,” Kashyap said.

Kashyap was one of the lawyers involved with the 2022 lawsuit against the city of San Francisco that led to the Ninth Court injunction. Part of that lawsuit specifically tackled the destruction of unhoused people’s belongings during the sweeps. Since those belongings can include items like “survival gear, medication, family photos, personal IDs,” Do said, “the destruction of that material just entrenches poverty, entrenches homelessness.”

While Grants Pass negates parts of the injunction that protects unhoused people from criminalization, it does not override the part of the injunction that “requires [San Francisco] to store and handle people’s belongings,” Kashyap said. In fact, the Ninth Court reaffirmed this duty, noting that San Francisco was still engaging in property destruction and the city “needed to do significantly more training around the injunction and the policy, and how to follow the policy, for its employees that handle unhoused people’s belongings.”

“We’re in the process now of working out what that training will look like and how we can ensure that San Francisco is following its policy and the law,” Kashyap said.

So, while things may have changed recently around how unhoused people can be criminalized for being on the street, one thing remains the same: The law still says that cities like San Francisco can’t just toss out a person’s belongings.

Department of Public Works crews clear encampments from Merlin Street. (Gina Castro/KQED)

ADA compliance

Another legal strategy some advocates are pursuing — albeit a less tested one — involves invoking the Americans with Disabilities (ADA) laws.

After the Supreme Court ruling, residents of an Oakland encampment managed to win a temporary restraining order to pause an eviction. Since the plaintiffs could no longer use the Eighth Amendment (cruel and unusual punishment) due to the Supreme Court ruling, they pointed to the Fourteenth Amendment (exposure to state-created danger) and violations under the Americans with Disabilities Act.

“Failing to provide shelter options to unhoused people that meet their disability-related needs … means that shelter is functionally unavailable to them,” the complaint reads.

The strategy requires that judges are given a list of the disabilities each person has — and how the city is not accommodating them.

According to a 2023 report by the nonprofit California Budget & Policy Center, there are over 171,000 unhoused individuals in the state — and over a third of them are experiencing “chronic homelessness exacerbated by a disability.” A 2024 report found that Californians over the age of 50 are disproportionately represented among unhoused individuals and that over 70% have a “disabling condition.”

Unhoused advocate Blalock said they are seeing many cases of people with disabilities living on the streets — and ADA laws going “out the window.”

“I heard city workers say, ‘Oh, ADA doesn’t apply here,’ they said. “ADA applies everywhere.”

What should I do if a city worker is trying to take my things?

Ask questions about your belongings

Kashyap said it is important to verbally ask the city worker for additional time to collect your belongings and move them, especially if you are disabled.

She acknowledged that while it may be difficult to advocate for yourself in a stressful moment like this, you should ask the city worker questions about your belongings, like, “Where are they going to be stored? How long will they be stored for?”

Your belongings should be bagged and tagged and stored at the central storage location for around 60 days.

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City workers also need to leave a notice behind saying where the belongings have been taken, but Kashyap is reluctant to “suggest that this always happens perfectly.

“We know that, unfortunately, despite having policies on paper, not all jurisdictions are going to follow their own policies and the law all the time,” she said.

Document what’s happening

Kashyap said if you have a phone, you should take photos or videos as well.

Striving to “document as much as they can” is a protective measure that people should take “if they’re in a situation where they’re worried that their rights are being violated if the city is not following its own policies or procedures,” she said.

If law enforcement officers are also present at a sweep, the First Amendment protects the right of everyone — including unhoused people — to photograph and video record the police, particularly in a public place like a sidewalk. Read our full guide on filming the police.

ACLU Northern California attorney Do emphasized these First Amendment rights for unhoused people and said that such documentation is a part of how folks can “still advocate for themselves.” Footage like this, Do said, can help a person raise awareness and “petition their government for real solutions.”

“The media and the public can see — and have a right to see — what is happening with regard to these sweeps … which protects against government abuses,” Do said.

Seek support from local legal aid

If you are concerned that your belongings have been trashed after trying to track them down, Kashyap said people should seek out free or low-cost civil legal services or local legal aid from organizations like:

The San Francisco Chronicle also has an extensive database of organizations dedicated to addressing homelessness in different parts of the Bay Area.

Join forces with others in the same situation

The right to organize is something that unhoused advocate Blalock is passionate about, saying that “we only have as much power as we organize to have — and the only way we’re going to be able to fight this is by organizing and by coming together.”

Blalock and Janosko were both part of the dissolution of Wood Street Commons RV and makeshift tiny home community by the city of Oakland last year. Most of their neighbors still haven’t been housed, Blalock said, while they have both managed to find housing.

“We’re incredibly lucky to say that, but I’ll be honest with you … we deal with an immense amount of survivor’s guilt,” Blalock said. “The majority of our community is still out here, and they’re being arrested or they’re being targeted, and they’re being attacked and they’re dying. It’s great that we got housing. But at the end of the day, it doesn’t mean very much if we don’t have our family anymore.”

The experience spurred Blalock to get involved with organizing — like working with the Poor People’s Campaign and the homelessness union. Blalock has actually been going to different encampments to get people to sign up as members of the union.

“Most people that I’ve talked to about it are on board,” they said. “We’re just tired of being pushed around.”

“This is not something that happened overnight,” Blalock said. “You can only push people so far into a corner before they come out swinging.”

If I am housed, how can I help my unhoused neighbors?

Kashyap said it is important for housed people to also know the rights of their unhoused neighbors — and one way they can help is by stepping up in the middle of an interaction with a city worker.

If a housed person sees “a situation where it looks like someone’s belongings are being summarily destroyed [or] thrown away,” then “stepping in and just asking questions” can be effective, she said. But first, Kashyap said, you should ask the unhoused person for their permission before engaging any city worker on their behalf: “‘What’s going on here? Can I help you [the unhoused person] out here?’”

When it comes to engaging the police in such a situation, Blalock said that they wouldn’t encourage anyone to put themselves in harm’s way — and urged anyone intervening on behalf of an unhoused person to keep a cool head.

“You can get upset, and you can get mad, and you can yell and curse the cops out and all that. But at the end of the day, the unhoused community are the ones that get the retaliation,” Blalock said.

Kashyap said she has seen housed people, during sweeps in progress, intervene and help pack up the unhoused person’s belongings before city workers pick them up, “and move them so that they don’t get either trashed or taken to a storage yard.”

But “bearing witness” by taking videos and photos is an “incredibly powerful thing folks can do as bystanders,” she said. “Especially as we see more and more aggressive responses to street homelessness. Responses that prioritize enforcement and punitive measures over services and care.

“It is incumbent on all of us, as a community, to keep our eyes open,” she said.

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KQED’s Sydney Johnson and Vanessa Rancaño contributed to this report.

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