The 9th U.S. Circuit Court of Appeals is set to hold a hearing on whether to uphold a court order preventing San Francisco city officials from clearing homeless encampments. The order, issued last December by a federal magistrate judge, ruled that the city could not enforce laws against homeless individuals sleeping, sitting, or lying on city streets, citing a lack of sufficient shelter beds for the unhoused population.
The judge concluded that enforcing such laws without providing adequate shelter would violate the Eighth Amendment’s prohibition of cruel and unusual punishment. San Francisco City Attorney David Chiu has appealed this ruling, challenging the definition of “involuntarily homeless.”
Ahead of the Wednesday hearing, a coalition of businesses, community groups, and city officials, including Mayor London Breed and several Supervisors, will rally against the court order. They plan to discuss the city’s efforts to address homelessness and substance abuse.
However, those opposing the homeless encampment sweeps argue that it is unjust to penalize homeless individuals for sleeping in public when the city lacks enough shelter beds.
The Coalition on Homelessness, which brought the lawsuit against the city, has maintained that sweeping homeless encampments is not a solution to homelessness. Instead, it could lead to illegal property seizures, hinder care provision, and criminalize poverty.
The Coalition hopes for a ruling in its favor that could reshape the city’s response to homelessness and increase the availability of shelter beds and housing for homeless individuals. The hearing will take place at 9:30 a.m. on Wednesday and will be live-streamed for public viewing.