Emboldened by Supreme Court, California Turns to Police in Homeless Crisis

California Homeless Crisis

Palm Springs, historically known as a desert retreat for Los Angeles’ wealthy elite, has implemented several progressive initiatives to address homelessness. However, in July, the all-Democratic city council passed a controversial ban on sleeping on public property, expanding police authority to arrest the unhoused. This decision highlights how even liberal cities are growing impatient as the homelessness crisis worsens. The ruling from the conservative-majority U.S. Supreme Court on June 28, which affirmed the constitutionality of camping bans, has emboldened other cities.

Since the ruling, 12 California cities or counties have enacted camping bans, with nine others either considering or giving initial approval, according to the National Homelessness Law Center. Many of these cities have directly cited the Supreme Court decision as justification for their new ordinances, aimed at removing homeless individuals from public spaces.

Despite California’s expenditure of over $20 billion on housing and homelessness programs since the 2018-19 fiscal year, the state continues to grapple with soaring rents and an acute housing shortage, with an estimated 180,000 people living without homes. Margot Kushel, a professor of medicine at the University of California, San Francisco, and co-author of a 2023 report on homelessness in the state, criticizes police crackdowns as counterproductive. She argues that criminalizing the homeless impedes their chances of employment and fosters distrust of law enforcement, ultimately reducing cooperation. Dispersing homeless individuals also makes it harder for outreach workers to assist them.

Kushel emphasizes the need for more housing and subsidies, particularly deeply affordable housing. Palm Springs, a city of 45,000 located about 100 miles east of Los Angeles, has taken steps to comply with a prior federal court ruling. The city’s new ordinance prevents enforcement of the ban when emergency shelter space is unavailable and will only take effect once 85 temporary housing units are completed later this year.

Palm Springs, which has an estimated homeless population of 500, has previously implemented rental assistance programs for those at risk of losing their homes, allocated a quarter of its vacation rental tax revenue to affordable housing, and opened a 50-bed shelter in March. Meanwhile, California Governor Gavin Newsom issued an executive order in July urging state agencies to urgently address homeless encampments and encouraged cities to adopt a similar approach. In response, five local entities, including the city and county of Los Angeles, have passed measures opposing police crackdowns or approved designated camping spaces.

Beyond California, 25 cities in 15 states have enacted or are considering camping bans. Palm Springs Police Chief Andrew Mills, while advocating for compassion, supports the city’s new ordinance. He believes the community needs leverage to enforce laws and offer options to the homeless. Police will provide three choices: accept help by entering a shelter, take a free ticket home where family can support them, or face jail time.

However, the unhoused community remains wary. Travis Rogers, a 60-year-old man who became homeless after the death of his only son from brain cancer, says homeless individuals are frequently harassed by the police. Rogers believes the city council and police should engage in direct conversations with the homeless instead of enacting punitive ordinances. Eve Garrow, a lawyer with the American Civil Liberties Union, argues that cities rushing to pass such laws are in a “race to the bottom,” failing to address systemic issues like stagnant wages and skyrocketing housing costs. Tina Allgood, another homeless individual, expresses fear of the police while continuing her search for a job and permanent housing. “Don’t make us run from you,” she said. “Make us run to you.”