Homeless People Camping On Sidewalks, In Parks: RivCo City Eyes SCOTUS

MURRIETA, CA — Murrieta, like cities across the state, is watching a legal case out of Oregon that has made its way to the U.S. Supreme Court — a case that could ultimately decide whether homeless people have a constitutional right to sleep on public sidewalks and camp in parks.

The case, Gloria Johnson, et al. v. City of Grants Pass, grapples with this question: Does enforcement of laws regulating camping on public property constitute “cruel and unusual punishment” prohibited by the Eighth Amendment of the U.S. Constitution?

During the Sept. 19 Murrieta City Council meeting, council members will gather behind closed doors with legal counsel, the city manager and the chief of police to discuss "anticipated litigation in one case" in which the city faces "significant exposure," according to the meeting agenda. During that same closed session agenda item, the city will also discuss possible participation in an amicus brief in the Grants Pass, Oregon, case.

It's not immediately clear what Murrieta's "one case" is, but every California city faces significant legal exposure for enforcing camping ordinances. As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors on public property.

While some churches and nonprofits have stepped in to assist homeless people in the area, the city of Murrieta does not have a dedicated homeless shelter. Instead, the city has a Homeless Outreach Team that makes referrals to service providers.

In Gloria Johnson, et al. v. City of Grants Pass, a federal judge ruled the Oregon city cannot enforce a ban on camping in its public parks, and the ruling was affirmed by the U.S. Court of Appeals for the Ninth Circuit in a 2-1 decision. The California State Association of Counties, along with the League of California Cities, had filed an amicus brief in support of the city of Grants Pass.

That Ninth Circuit decision prompted a petition last month to the Supreme Court.

The petition argues the Ninth Circuit’s ruling "erected a judicial roadblock preventing a comprehensive response to the growth of public encampments in the West. The consequences of inaction are dire for those living in or near encampments: crime, fires, the reemergence of medieval diseases, environmental harm, and record levels of drug overdoses and deaths on public streets ...

"The Ninth Circuit’s arrogation of quintessential policymaking authority over public health and safety has struck a blow not only to the principle of democratic governance, but also to the practical ability of cities to address the growth of public encampments," the petition continues. "Only this [Supreme] Court can end this misguided project of federal courts dictating homelessness policy under the banner of the 8th Amendment.”

The attorneys who represented the homeless plaintiffs in Gloria Johnson, et al. v. City of Grants Pass have 30 days to file a response to the petition. Depending on scheduling, the justices could decide in late fall whether to hear the case and then issue a ruling next year.

The city of Murrieta does not typically provide public comment on pending litigation, and a request for a statement went unanswered Friday.