Now that the U.S. Supreme Court has ruled on the case of Grants Pass v Johnson, what’s next? This post is the first in a four-part series about post-decision developments. This one is about an article written by Les Gapay, who was homeless for six years.
The United States Supreme Court has found reason to quash certain rulings by the Ninth Circuit Court of Appeals, which deals with legal disputes in a number of Western States, including California.
The Ninth Circuit had ruled over the last few years that people who are unhoused cannot be arbitrarily removed from public land when there no alternate offer of shelter. The rulings allowed a world of ragtag homeless encampments, no matter how loud the complaints of local citizens.
But now, the U.S. Supreme Court has ruled that the The Ninth Circuit is practising judicial overreach.
Following this ruling, the Governor of California has taken an activist position, in a bid to tackle the stubborn persistence of the homeless in California communities. The Governor’s action seems to allows little or no tolerance for people who are unhoused. California is ordering local governments to remove encampments. Local governments that don’t comply will no longer receive funding from the State for homelessness services.
Breathtakingly outrageous and cruel?
A private citizen who owns property has some recourse when the government or anyone else demands they vacate it. An unhoused resident of California has no protective resources of any kind, physical or legal, particularly if their limited survival support (e.g. a stove, winter clothing, a bicycle to get to work) is seized and trashed.
People who are unhoused are face the accusation that living on public land is a crime. But they will be forced to do exactly . . . nothing. Because nothing is all they can afford to do. As for refusing to leave public land? The inevitable civic solution? Jail.
But jail for hundreds, growing towards thousands? That’s a joke. Which essential municipal services will communities abandon in order to pay for the jailing of people who are homeless? This is like trying to draw blood from a stone.
But why take this argument from someone who has housing? Check out the opinion of someone who was homeless for six years and eventually succeeded in resettling in a house. Les Gapay’s article is published in the Los Angeles Times. The Los Angeles Time is paywalled, but allows occasional access depending on your location. This article is worth the read if the publication will allow it: Opinion: I was homeless. Gov. Newsom’s order to dismantle encampments is outrageous
