Liberating Local Government – ​​California Globe

The recent decision by the U.S. Supreme Court has important implications for localities in California trying to address homelessness. With a 6-3 majority in the case City of Grants Pass vs. Johnson The Supreme Court made clear that local authorities had been given the freedom to enforce bans on camping on streets and other public lands, even in the case of homeless people.

Prior to this decision, communities in California were limited in enforcing local ordinances under a 2018 decision. Martin v. Boiseruling by the United States Court of Appeals for the Ninth Circuit that camping bans like the one at issue Grants Pass violated the prohibition against “cruel and unusual punishment” contained in the Eighth Amendment to the United States Constitution. That erroneous claim is now a thing of the past.

The Supreme Court’s opinion includes the observation that “(b)ease is complex. Its causes are multifarious. So are the public policy responses required to address it. The question this case raises is whether the Eighth Amendment gives federal judges primary responsibility for assessing those causes and developing those responses. A handful of federal judges cannot ‘match’ the collective wisdom of the American people in deciding ‘how best to address’ a pressing social problem like homelessness.” That makes sense to me.

Local governments can now diligently enforce their ordinances to reverse the takeover of our streets, parks, and other public spaces. Californians have been clamoring for this relief. The growing plague of neglect and petty crime, often associated with homelessness, must end. Candidate rhetoric and talking points this campaign season make it clear that this issue has been and remains a top concern for voters in this state.

Because Martin v. Boise 2018 decision California elected officials succumbed to a variant of the “our hands are tied” syndrome. Instead of prosecuting petty criminals, they offered housing, sometimes at absurd costs. This means that government “action” to address homelessness also typically means increased funding for the “homeless industrial complex” – a list of non-governmental organisations that support homeless people in their chosen lifestyle. In some cases, these are the same organizations that assist illegal immigrants at border crossings on our southern border, providing them with transportation and funds for living.

Homeless policy is based on the “carrot, no stick” principle. Grants Pass now means voters may be asking for a little “stick.” Elected officials would be wise to take that approach. The homeless, however restless, are not stupid. On the contrary, they adjust their behavior in response to incentives and disincentives. The growth of California’s homeless population since 2018 is a good indication that they can “read their surroundings.”

Grants Pass It came at just the right time, early in the election season. Voters will have the opportunity to demand a clear statement of their political positions from their candidates once they have made their decision. Sensible policies should offer helpful assistance to those who want to overcome their circumstances, while making it clear that anti-social behaviour is frowned upon. Sensible policies give worthy people a helping hand and encourage others to go elsewhere.

Another thing that needs to change is the response from the law enforcement community. They have been hamstrung by the belief that they are wasting their time. It will take extra effort from prosecutors and courts to process what will surely be an increasing number of tickets. Our county governments need to increase their investment in these lower-level institutions, at least for a while.

Developing effective responses for repeat offenders, especially those who refuse frontline services, may require a degree of creativity. We must remember that the vast majority of homeless people suffer from mental illness and drug and alcohol abuse. Putting people in prison is very expensive, probably ineffective, and seems like brutal treatment given the pathologies of homelessness.

Homelessness is a social problem, like anything else, and social pressure can be an effective part of the solution. It is time to apply that pressure with the safety and well-being of our residents in mind and the compassion for the homeless in our hearts.