Democrats Again Vote Down California Ban on Unhoused Encampments
State Program to Clear Encampments Shows Mixed Results With Many Still Unhoused
Berkeley Can Remove 2 Unhoused Seniors With Disabilities, Judge Rules
Emails Reveal SF Officials’ Coordinated Efforts Against Unhoused People
Unhoused Californians Are Living on the 'Bleeding Edge' of Climate Change
San Francisco Will Enforce Sit-Lie Laws When People Refuse Shelter
Sacramento DA Sues City Over Failure to Sweep Homeless Encampments
To Sweep Homeless Camps, California Cities Have to Offer Shelter. But What That Means Is Debatable
Where Things Stand in San Francisco's Legal Battle Over Street Encampments
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Sydney is a graduate of the University of California, Berkeley and lives in San Francisco.","avatar":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twitter":"sydneyfjohnson","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["editor"]}],"headData":{"title":"Sydney Johnson | KQED","description":"KQED Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/97855f2719b72ad6190b7c535fe642c8?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/sjohnson"},"naltenberg":{"type":"authors","id":"11896","meta":{"index":"authors_1591205172","id":"11896","found":true},"name":"Nik Altenberg","firstName":"Nik","lastName":"Altenberg","slug":"naltenberg","email":"naltenberg@kqed.org","display_author_email":false,"staff_mastheads":[],"title":"KQED Contributor","bio":"Nik Altenberg is a newscast intern for KQED and a copy editor and fact checker for Santa Cruz Local. Nik’s reporting interests include policing, public health, environment, immigration, housing and the points where these issues intersect.","avatar":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g","twitter":null,"facebook":null,"instagram":"https://www.instagram.com/nikaltenberg/","linkedin":null,"sites":[{"site":"news","roles":["author"]}],"headData":{"title":"Nik Altenberg | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e391b3a18ce4a53a7ca3f3065c74418b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/naltenberg"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal Justice","link":"/criminaljustice"},{"name":"Silicon Valley","link":"/siliconvalley"},{"name":"Forum","link":"/forum"},{"name":"The California Report","link":"/californiareport"}]},{"key":"menu2","items":[{"name":"Arts & Culture","link":"/arts","type":"title"},{"name":"Critics’ Picks","link":"/thedolist"},{"name":"Cultural Commentary","link":"/artscommentary"},{"name":"Food & Drink","link":"/food"},{"name":"Bay Area Hip-Hop","link":"/bayareahiphop"},{"name":"Rebel Girls","link":"/rebelgirls"},{"name":"Arts Video","link":"/artsvideos"}]},{"key":"menu3","items":[{"name":"Podcasts","link":"/podcasts","type":"title"},{"name":"Bay Curious","link":"/podcasts/baycurious"},{"name":"Rightnowish","link":"/podcasts/rightnowish"},{"name":"The Bay","link":"/podcasts/thebay"},{"name":"On Our Watch","link":"/podcasts/onourwatch"},{"name":"Mindshift","link":"/podcasts/mindshift"},{"name":"Consider This","link":"/podcasts/considerthis"},{"name":"Political Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11983180":{"type":"posts","id":"news_11983180","meta":{"index":"posts_1591205157","site":"news","id":"11983180","score":null,"sort":[1713351657000]},"guestAuthors":[],"slug":"democrats-kill-california-homeless-camp-ban-again","title":"Democrats Again Vote Down California Ban on Unhoused Encampments","publishDate":1713351657,"format":"standard","headTitle":"Democrats Again Vote Down California Ban on Unhoused Encampments | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>For the second year in a row, Democrats voted down a bill on Tuesday that sought to ban homeless encampments near schools, transit stops and other areas throughout California.\u003c/p>\n\u003cp>Even though cities up and down the state are grappling with a proliferation of homeless camps, legislators said they oppose penalizing down-and-out residents who sleep on public property.[aside postID=news_11983000 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/GettyImages-623874284_qut-1020x705.jpg']“Just because individuals that are unhoused make people uncomfortable does not mean that it should be criminalized. And this bill does that,” said Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/aisha-wahab-165437\">Aisha Wahab\u003c/a>, a Democrat from Fremont and chairperson of the Senate Public Safety Committee. “The penalties will just be added to their already difficult situation of paying for things.”\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1011?slug=CA_202320240SB1011&_gl=1*12wezuh*_ga*Nzc5MjE5NDU2LjE2ODQ1MTA1NDg.*_ga_5TKXNLE5NK*MTcxMzI5MTE2MC4zNTAuMS4xNzEzMjk2OTk3LjYwLjAuMA..*_ga_GNY4L81DZE*MTcxMzI5MTE2MC4yOTYuMS4xNzEzMjk1NjgwLjAuMC4w\">Senate Bill 1011\u003c/a> stumbled in its first committee hearing, stalling in the Public Safety Committee on a 1–3 vote. The measure by Senate GOP leader \u003ca href=\"https://calmatters.org/legislator-tracker/brian-jones-1968/?utm_source=CalMatters%20Newsletters&utm_campaign=5df65efca8-WHATMATTERS&utm_medium=email&utm_term=0_faa7be558d-5df65efca8-151973523&mc_cid=5df65efca8&mc_eid=df84c5373c\">Brian Jones\u003c/a> and Democratic Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/catherine-blakespear-21275\">Catherine Blakespear\u003c/a>, both of the San Diego area, would have made camping within 500 feet of a school, open space or major transit stop a misdemeanor or infraction. It also would have banned camping on public sidewalks if beds were available in local homeless shelters.\u003c/p>\n\u003cp>“I’m disappointed in the closed-minded opposition from the majority party members of the Senate Public Safety Committee to new approaches and their knee-jerk support of just throwing more money at the problem with no real plan,” Jones said in a statement. “Today’s continued rejection of real solutions during this health and safety crisis is immoral and irresponsible.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>After today’s defeat, Jones will continue speaking with committee members to see if there is any way to negotiate a path forward for his bill, spokesperson Nina Krishel said in an email.\u003c/p>\n\u003cp>Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/nancy-skinner-34364\">Nancy Skinner\u003c/a>, a Democrat from Oakland, said while she appreciates that Californians don’t want to see encampments, she couldn’t support the bill.\u003c/p>\n\u003cp>“It’s kind of like trying to make a problem invisible versus addressing the core of the problem,” said Skinner, who joined Wahab and Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/scott-wiener-100936\">Scott Wiener\u003c/a>, a Democrat from San Francisco, in voting “no.”\u003c/p>\n\u003cp>More than three dozen people voiced their opposition to the bill during today’s hearing, speaking on behalf of organizations such as the Ella Baker Center for Human Rights and the American Civil Liberties Union California Action.[aside postID=news_11982817 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240410-HMB-Farmworkers-TH-01-KQED-1020x680.jpg']The bill’s supporters, who numbered far fewer, included the mayor of Vista and a representative from the city of Carlsbad.\u003c/p>\n\u003cp>The lone “yes” vote came from the committee’s only Republican, Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/kelly-seyarto-165446\">Kelly Seyarto\u003c/a> of Murrieta.\u003c/p>\n\u003cp>“We had a slew of people that came forward to tell us about what we shouldn’t be doing,” he said. “But what the hell should we be doing? Because right now, we’re not doing anything.”\u003c/p>\n\u003cp>Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/steven-bradford-100945\">Steven Bradford\u003c/a>, a Democrat from Inglewood, abstained.\u003c/p>\n\u003cp>Wahab granted reconsideration, which means the committee could hear the bill again later this session. But last year, a nearly identical bill \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/03/california-homeless-encampments/\">met the same fate\u003c/a>. SB 31, also introduced by Jones, died in the Senate Public Safety Committee with one “yes” vote, one “no” vote and three abstentions. It also received reconsideration but was never revived.\u003c/p>\n\u003cp>This year’s version of the encampment ban had more going for it. Jones found a Democratic co-author and narrowed the bill’s scope. Instead of banning people from camping within 1,000 feet of schools and other locations, the new bill would have banned people from camping within 500 feet.\u003c/p>\n\u003cp>Jones also was leaning heavily on a new camping ban in San Diego, upon which he said he modeled his bill. The San Diego ordinance, which took effect at the end of July 2023, bans camps near schools, shelters and transit hubs, in parks, and — if shelter beds are available — on public sidewalks. Jones called the ordinance a “success,” a sentiment echoed by San Diego Mayor Todd Gloria.\u003c/p>\n\u003cp>But a \u003ca href=\"https://calmatters.org/housing/homelessness/2024/04/homeless-encampment-ban/\">CalMatters investigation\u003c/a> paints a more complicated picture. While encampments have drastically decreased in some areas, such as downtown and around certain schools, they are still just as prevalent — in some cases much more so — along the city’s freeways and the banks of its river. Opponents of the ordinance say it displaces people instead of housing them.\u003c/p>\n\u003cp>And Jones’ bill failed to copy a key piece of San Diego’s approach. When the city started enforcing its encampment ban, it also opened two massive “safe sleeping” sites where about 500 people camp on vacant lots in tents purchased by the city.\u003c/p>\n\u003cp>Jones’ bill would not have forced cities to set up accommodations for people displaced from encampments because, he said, there’s no state funding for that.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A bill to ban unhoused encampments statewide near parks, schools and transit hubs failed to get out of the same legislative committee as last year.","status":"publish","parent":0,"modified":1713314219,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":871},"headData":{"title":"Democrats Again Vote Down California Ban on Unhoused Encampments | KQED","description":"A bill to ban unhoused encampments statewide near parks, schools and transit hubs failed to get out of the same legislative committee as last year.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Democrats Again Vote Down California Ban on Unhoused Encampments","datePublished":"2024-04-17T11:00:57.000Z","dateModified":"2024-04-17T00:36:59.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"Marisa Kendall, CalMatters","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11983180/democrats-kill-california-homeless-camp-ban-again","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For the second year in a row, Democrats voted down a bill on Tuesday that sought to ban homeless encampments near schools, transit stops and other areas throughout California.\u003c/p>\n\u003cp>Even though cities up and down the state are grappling with a proliferation of homeless camps, legislators said they oppose penalizing down-and-out residents who sleep on public property.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11983000","hero":"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/GettyImages-623874284_qut-1020x705.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Just because individuals that are unhoused make people uncomfortable does not mean that it should be criminalized. And this bill does that,” said Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/aisha-wahab-165437\">Aisha Wahab\u003c/a>, a Democrat from Fremont and chairperson of the Senate Public Safety Committee. “The penalties will just be added to their already difficult situation of paying for things.”\u003c/p>\n\u003cp>\u003ca href=\"https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1011?slug=CA_202320240SB1011&_gl=1*12wezuh*_ga*Nzc5MjE5NDU2LjE2ODQ1MTA1NDg.*_ga_5TKXNLE5NK*MTcxMzI5MTE2MC4zNTAuMS4xNzEzMjk2OTk3LjYwLjAuMA..*_ga_GNY4L81DZE*MTcxMzI5MTE2MC4yOTYuMS4xNzEzMjk1NjgwLjAuMC4w\">Senate Bill 1011\u003c/a> stumbled in its first committee hearing, stalling in the Public Safety Committee on a 1–3 vote. The measure by Senate GOP leader \u003ca href=\"https://calmatters.org/legislator-tracker/brian-jones-1968/?utm_source=CalMatters%20Newsletters&utm_campaign=5df65efca8-WHATMATTERS&utm_medium=email&utm_term=0_faa7be558d-5df65efca8-151973523&mc_cid=5df65efca8&mc_eid=df84c5373c\">Brian Jones\u003c/a> and Democratic Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/catherine-blakespear-21275\">Catherine Blakespear\u003c/a>, both of the San Diego area, would have made camping within 500 feet of a school, open space or major transit stop a misdemeanor or infraction. It also would have banned camping on public sidewalks if beds were available in local homeless shelters.\u003c/p>\n\u003cp>“I’m disappointed in the closed-minded opposition from the majority party members of the Senate Public Safety Committee to new approaches and their knee-jerk support of just throwing more money at the problem with no real plan,” Jones said in a statement. “Today’s continued rejection of real solutions during this health and safety crisis is immoral and irresponsible.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>After today’s defeat, Jones will continue speaking with committee members to see if there is any way to negotiate a path forward for his bill, spokesperson Nina Krishel said in an email.\u003c/p>\n\u003cp>Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/nancy-skinner-34364\">Nancy Skinner\u003c/a>, a Democrat from Oakland, said while she appreciates that Californians don’t want to see encampments, she couldn’t support the bill.\u003c/p>\n\u003cp>“It’s kind of like trying to make a problem invisible versus addressing the core of the problem,” said Skinner, who joined Wahab and Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/scott-wiener-100936\">Scott Wiener\u003c/a>, a Democrat from San Francisco, in voting “no.”\u003c/p>\n\u003cp>More than three dozen people voiced their opposition to the bill during today’s hearing, speaking on behalf of organizations such as the Ella Baker Center for Human Rights and the American Civil Liberties Union California Action.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11982817","hero":"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/04/240410-HMB-Farmworkers-TH-01-KQED-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The bill’s supporters, who numbered far fewer, included the mayor of Vista and a representative from the city of Carlsbad.\u003c/p>\n\u003cp>The lone “yes” vote came from the committee’s only Republican, Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/kelly-seyarto-165446\">Kelly Seyarto\u003c/a> of Murrieta.\u003c/p>\n\u003cp>“We had a slew of people that came forward to tell us about what we shouldn’t be doing,” he said. “But what the hell should we be doing? Because right now, we’re not doing anything.”\u003c/p>\n\u003cp>Sen. \u003ca href=\"https://digitaldemocracy.calmatters.org/legislators/steven-bradford-100945\">Steven Bradford\u003c/a>, a Democrat from Inglewood, abstained.\u003c/p>\n\u003cp>Wahab granted reconsideration, which means the committee could hear the bill again later this session. But last year, a nearly identical bill \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/03/california-homeless-encampments/\">met the same fate\u003c/a>. SB 31, also introduced by Jones, died in the Senate Public Safety Committee with one “yes” vote, one “no” vote and three abstentions. It also received reconsideration but was never revived.\u003c/p>\n\u003cp>This year’s version of the encampment ban had more going for it. Jones found a Democratic co-author and narrowed the bill’s scope. Instead of banning people from camping within 1,000 feet of schools and other locations, the new bill would have banned people from camping within 500 feet.\u003c/p>\n\u003cp>Jones also was leaning heavily on a new camping ban in San Diego, upon which he said he modeled his bill. The San Diego ordinance, which took effect at the end of July 2023, bans camps near schools, shelters and transit hubs, in parks, and — if shelter beds are available — on public sidewalks. Jones called the ordinance a “success,” a sentiment echoed by San Diego Mayor Todd Gloria.\u003c/p>\n\u003cp>But a \u003ca href=\"https://calmatters.org/housing/homelessness/2024/04/homeless-encampment-ban/\">CalMatters investigation\u003c/a> paints a more complicated picture. While encampments have drastically decreased in some areas, such as downtown and around certain schools, they are still just as prevalent — in some cases much more so — along the city’s freeways and the banks of its river. Opponents of the ordinance say it displaces people instead of housing them.\u003c/p>\n\u003cp>And Jones’ bill failed to copy a key piece of San Diego’s approach. When the city started enforcing its encampment ban, it also opened two massive “safe sleeping” sites where about 500 people camp on vacant lots in tents purchased by the city.\u003c/p>\n\u003cp>Jones’ bill would not have forced cities to set up accommodations for people displaced from encampments because, he said, there’s no state funding for that.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11983180/democrats-kill-california-homeless-camp-ban-again","authors":["byline_news_11983180"],"categories":["news_6266","news_8"],"tags":["news_18538","news_22307","news_33966","news_27626","news_21214","news_4020","news_1775"],"affiliates":["news_18481"],"featImg":"news_11983184","label":"news_18481"},"news_11972829":{"type":"posts","id":"news_11972829","meta":{"index":"posts_1591205157","site":"news","id":"11972829","score":null,"sort":[1705528851000]},"guestAuthors":[],"slug":"state-program-to-clear-homeless-encampments-show-signs-of-success-but-housing-remains-elusive","title":"State Program to Clear Encampments Shows Mixed Results With Many Still Unhoused","publishDate":1705528851,"format":"standard","headTitle":"State Program to Clear Encampments Shows Mixed Results With Many Still Unhoused | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>For years, the Guadalupe River Trail — a winding path that snakes through the heart of downtown San José — had been home to hundreds of people living in tents and makeshift shacks.\u003c/p>\n\u003cp>In recent months, many have vanished as part of a $750 million push by Gov. Gavin Newsom’s administration — dubbed the Encampment Resolution Fund — to clear homeless encampments from cities throughout California.\u003c/p>\n\u003cp>“The before and after photos are stark,” San José Mayor Matt Mahan said. “You have an area that was just full of trash and tents and RVs and belongings and graffiti. There were literally chickens running around. And now it’s coming back to public use. People are starting to walk the trail, bike the trail, look at the river.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>However, an analysis of preliminary progress reports submitted to the state, as well as interviews with early Encampment Resolution Fund grant recipients, shows the program has had mixed results up and down California. Even in San José, it hasn’t met its overarching goal of finding permanent housing for most of the people moved off the river trail.\u003c/p>\n\u003cp>More than a year after the checks went out, nearly two-thirds of the $48 million awarded in the first round of statewide grants has been spent. The money has paid for everything from shelter beds to case workers to security deposits so people living in encampments could rent apartments. But so far, only three of the 19 jurisdictions that got funding reported completely clearing their targeted encampments. Nearly 750 people still lived in those camps as of the end of September, according to the latest data available from the state.\u003c/p>\n\u003cp>The first-round grants must be spent by the end of June.\u003c/p>\n\u003cfigure id=\"attachment_11972836\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972836\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy.jpg\" alt=\"A homeless encampment under a bridge with discarded items strewn around.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A homeless camp at Guadalupe River Park in San José, on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Even in cities and counties that have successfully moved people off the street and into temporary shelters, it’s proven much harder to find permanent housing. San José used the state funding to move nearly 200 people off the river trail — a heavy lift the city previously had been unable to accomplish. But just 11% of those people made it into permanent housing. Another 37% moved into temporary shelters. The city doesn’t know what happened to the others: More than half the people relocated from the trail are unaccounted for.\u003c/p>\n\u003cp>Across the state, hundreds of people who were moved out of encampments last year and in 2022, using state money, are still in shelters, waiting for a home of their own.\u003c/p>\n\u003cp>“I think what we’re really seeing across the board and with this funding is it’s just taking so much longer to get people into housing because there’s a lack of affordable resources,” said Jennifer Hark Dietz, CEO of PATH, a homeless services nonprofit that worked with San José and several other cities to administer the grants.\u003c/p>\n\u003ch2>From encampment to housing\u003c/h2>\n\u003cp>Instead of merely shuffling unhoused people from one camp to another — as had been widespread practice for years — Newsom insisted this program would focus on getting people into housing. Cities and counties seeking funding must prove they will either move encampment residents directly into permanent housing or into temporary shelters with “clear pathways” to permanent housing. The state rejected an application from Chico because its plan for permanent housing fell short, said Chico Deputy City Manager Jennifer Macarthy.\u003c/p>\n\u003cp>But drawing a straight line from an encampment to a long-term home is easier said than done.\u003c/p>\n\u003cfigure id=\"attachment_11972839\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972839\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy.jpg\" alt=\"A notice sign on a wall.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">An abatement notice is posted at Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tulare, in the Central Valley, used its $1.6 million grant to clear five encampments where about 100 people lived. But it couldn’t come up with enough beds for everyone, and as people moved out of the camps, new people kept showing up.\u003c/p>\n\u003cp>Instead of finding everyone a home, the city ended up giving 150 people tents and moving them into a sanctioned encampment. As of December, only 44 people from the five camps had landed in permanent housing.\u003c/p>\n\u003cp>But that’s at least double the rate Tulare was housing people before it got the state money, said Housing and Grants Manager Alexis Costales, who describes the program as a success. Tulare won another $4.8 million in the state’s second round of encampment grants and hopes that money will get more people housed.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jennifer Hark Dietz, CEO, PATH\"]‘I think what we’re really seeing across the board and with this funding is it’s just taking so much longer to get people into housing because there’s a lack of affordable resources.’[/pullquote]Los Angeles won a $1.7 million grant, which put 45 unhoused people up in a motel for several months. But motel rooms are expensive, and by the time those funds ran out, only about half had found permanent housing, Hark Dietz said. Six people left the program, and the rest moved into shelters, where PATH continues to work with them to find housing.\u003c/p>\n\u003cp>Santa Barbara County is using part of its $2.5 million grant to open two new tiny homes sites, which, starting this spring, will provide temporary shelter to dozens of people living in encampments. So far, county workers have reached out to about 200 camp residents and brought 81 inside. Of those, 52 made it to permanent housing, said the county’s Encampment Response Coordinator Lucille Boss, whose salary is paid by the state grant.\u003c/p>\n\u003cp>“We couldn’t have done a lot of this without the state’s investment,” Boss said.\u003c/p>\n\u003cp>In San José, Mahan said many people declined the city’s shelter beds. One of them was Alicia Spangenberg. Outreach workers offered her a tiny home, but the 27-year-old, who has been homeless for nearly five years, isn’t ready to sacrifice her freedom and privacy to live in a tiny dwelling with shared bathrooms and follow the program’s rules.\u003c/p>\n\u003cp>“At the end of the day,” she said, “it’s whether somebody wants to be helped.”\u003c/p>\n\u003cfigure id=\"attachment_11972841\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972841\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy.jpg\" alt=\"A young white girl with baseball cap worn backward and neck-length blond hair and blue eyes wearing a grey hoodie looks straight in the camera underneath an overpass.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Alicia Spangenberg, who is unhoused and sleeps along the trail, at Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California cities soon may have more freedom to clear homeless encampments \u003ca href=\"https://calmatters.org/housing/homelessness/2024/01/homeless-camp-scotus/\">if the Supreme Court strikes down a 2018 ruling that had largely tied their hands\u003c/a>. In Martin v. Boise, the Ninth Circuit Court of Appeals found cities cannot punish unhoused people for camping on public land if they have no other option — which cities interpreted to mean they must have shelter beds available before clearing a camp.\u003c/p>\n\u003cp>Regardless of what happens in that case, Newsom’s administration has made clear that cities hoping to use state encampment resolution funds must do more than simply kick people out of an encampment. They must plan to “resolve the experience of unsheltered homelessness” for the camp residents.\u003c/p>\n\u003ch2>Limited funding\u003c/h2>\n\u003cp>As the grant money runs out, some local leaders and service providers worry the gains they made might be reversed without additional funding to keep up the work they started.\u003c/p>\n\u003cp>It’s unclear when more money might materialize. \u003ca href=\"https://calmatters.org/politics/2024/01/newsom-budget-california/\">Newsom’s proposed budget for the 2024–25 fiscal year\u003c/a>, released this month, doesn’t propose cuts to the program. But after the current round of nearly $300 million — which cities and counties are applying for now — is spent, there’s no new funding on the horizon. The state appropriated a total of $400 million for this round, but about $100 million of that automatically went to cities that applied last time but were rejected because of insufficient funds.\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"forum_2010101894273,news_11972519,news_11968398,news_11972474\"]“If you are investing only in an intervention that’s temporary, then the solution is temporary,” said Sharon Rapport, director of California state policy for the Corporation for Supportive Housing, who has criticized Newsom for refusing to provide ongoing funding for homelessness. “It’s not going to result in reducing homelessness. It’s just going to result in a lot of people using our shelter beds.”\u003c/p>\n\u003cp>And as with any competitive grant program, many communities were left out of the initial rounds of funding.\u003c/p>\n\u003cp>When the grant program launched in 2021, Paramount — a city of five square miles in Los Angeles County — jumped at the opportunity. The small municipality made a small ask: $160,000 to clear a camp of about 30 people along the Los Angeles riverbed and expand the city’s shelter system.\u003c/p>\n\u003cp>The application was rejected without an explanation or any feedback, said Steven Coumparoules, Paramount’s community preservation manager. When he looked at the cities awarded funding, including Los Angeles, Oakland and San José, he concluded the state favored big cities. It soured him against applying again.\u003c/p>\n\u003cp>But money from the state could have made a big difference in Paramount, Coumparoules said. There are no shelter beds within the city limits, and the shelter up the road in Bell is full. The river remains a “hotbed” of homeless camps, he said.\u003c/p>\n\u003cp>“The cleanups aren’t solving the problem,” Coumparoules said. “You’re kind of just reshuffling people from one location to another.”\u003c/p>\n\u003cp>Chico, where many refugees from the 2018 Camp wildfire remain homeless, asked the state for $1.9 million in 2021 to relocate about 150 people from the banks of the Comanche Creek. Officials thought they had made a good case and were surprised when they were rejected, Deputy City Manager Macarthy said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Steven Coumparoules, community preservation manager, Paramount\"]‘The cleanups aren’t solving the problem. You’re kind of just reshuffling people from one location to another.’[/pullquote]The state eventually made more money available. But by that time, Chico had used city funds to clear the creek, and the state wouldn’t let the city tweak its application to secure funds for one of its many other encampments.\u003c/p>\n\u003cp>When the second round of grants opened, Chico applied again for a different encampment. Again, the city was rejected. This time, the state said Chico’s plan to move people from the camp into permanent housing fell short.\u003c/p>\n\u003cp>Without state help, the city spends about $4 million a year on clearing encampments and moving people into shelters.\u003c/p>\n\u003cp>“I would be lying if I said this is not a burden on our community from our financial perspective,” Macarthy said. City staff plan to try again for some of the $300 million available now in the third round of grants.\u003c/p>\n\u003cp>“So,” Macarthy said, “fingers crossed.”\u003c/p>\n\u003ch2>Money for beautification\u003c/h2>\n\u003cp>In the months since San José cleared the camps off the river trail, a handful of people already have moved back. To combat that, the Guadalupe River Park Conservancy is using $200,000 — 10% of the state grant — to rehabilitate the trail. The conservancy has hired two park ambassadors who patrol the area and report illegal dumping and tents. The organization is also experimenting with hosting lawn games and other activities to liven up the trail and has plans to commission a mural.\u003c/p>\n\u003cp>The state has since changed its rules, and using grant money for those types of ancillary expenses is no longer allowed. But without that money, it would have been impossible to prevent people from coming back to camp or to convince community members — long deterred by the tents — to return to the trail for recreation, said Jason Su, executive director of the conservancy. He worries about the trail reverting to its former state once the grant money runs out this summer.\u003c/p>\n\u003cfigure id=\"attachment_11972842\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972842\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy.jpg\" alt=\"Two men are seated with belongings around them and a small table with items.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Shaun Pyles (right) and Rodney Scott, who are both unhoused and sleeping along the trail, sit at the camp of Pyles at the Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rodney Scott, one of the remaining unhoused people living along the Guadalupe River Trail, hopes for a second chance. In 2022, the 36-year-old moved into one of the tiny homes the city uses as temporary shelter. It was great, he said: He could shower whenever he wanted and play Xbox online with his son. But after nearly a year in the program, he never got off the waitlist for permanent housing. Then, Scott said he was kicked out of the tiny home after getting into one too many arguments with other residents.\u003c/p>\n\u003cp>Since then, he’s been living in a tent outside a Target, hoping a housing placement will come through.\u003c/p>\n\u003cp>“It’s too cold to be out here right now,” Scott said. “I got heart failure. So it’s like, am I going to die waiting for an apartment?”\u003c/p>\n\u003cp>\u003cem>Jeanne Kuang contributed to this story.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"A multi-year, $750 million program aimed at doing away with homeless encampments has had mixed results throughout California. Local leaders say ongoing funding is needed.","status":"publish","parent":0,"modified":1705526255,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":2228},"headData":{"title":"State Program to Clear Encampments Shows Mixed Results With Many Still Unhoused | KQED","description":"A multi-year, $750 million program aimed at doing away with homeless encampments has had mixed results throughout California. Local leaders say ongoing funding is needed.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State Program to Clear Encampments Shows Mixed Results With Many Still Unhoused","datePublished":"2024-01-17T22:00:51.000Z","dateModified":"2024-01-17T21:17:35.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"nprByline":"\u003ca href=\"https://calmatters.org/author/marisa-kendall/\">Marisa Kendall\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11972829/state-program-to-clear-homeless-encampments-show-signs-of-success-but-housing-remains-elusive","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>For years, the Guadalupe River Trail — a winding path that snakes through the heart of downtown San José — had been home to hundreds of people living in tents and makeshift shacks.\u003c/p>\n\u003cp>In recent months, many have vanished as part of a $750 million push by Gov. Gavin Newsom’s administration — dubbed the Encampment Resolution Fund — to clear homeless encampments from cities throughout California.\u003c/p>\n\u003cp>“The before and after photos are stark,” San José Mayor Matt Mahan said. “You have an area that was just full of trash and tents and RVs and belongings and graffiti. There were literally chickens running around. And now it’s coming back to public use. People are starting to walk the trail, bike the trail, look at the river.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>However, an analysis of preliminary progress reports submitted to the state, as well as interviews with early Encampment Resolution Fund grant recipients, shows the program has had mixed results up and down California. Even in San José, it hasn’t met its overarching goal of finding permanent housing for most of the people moved off the river trail.\u003c/p>\n\u003cp>More than a year after the checks went out, nearly two-thirds of the $48 million awarded in the first round of statewide grants has been spent. The money has paid for everything from shelter beds to case workers to security deposits so people living in encampments could rent apartments. But so far, only three of the 19 jurisdictions that got funding reported completely clearing their targeted encampments. Nearly 750 people still lived in those camps as of the end of September, according to the latest data available from the state.\u003c/p>\n\u003cp>The first-round grants must be spent by the end of June.\u003c/p>\n\u003cfigure id=\"attachment_11972836\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972836\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy.jpg\" alt=\"A homeless encampment under a bridge with discarded items strewn around.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-11-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">A homeless camp at Guadalupe River Park in San José, on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Even in cities and counties that have successfully moved people off the street and into temporary shelters, it’s proven much harder to find permanent housing. San José used the state funding to move nearly 200 people off the river trail — a heavy lift the city previously had been unable to accomplish. But just 11% of those people made it into permanent housing. Another 37% moved into temporary shelters. The city doesn’t know what happened to the others: More than half the people relocated from the trail are unaccounted for.\u003c/p>\n\u003cp>Across the state, hundreds of people who were moved out of encampments last year and in 2022, using state money, are still in shelters, waiting for a home of their own.\u003c/p>\n\u003cp>“I think what we’re really seeing across the board and with this funding is it’s just taking so much longer to get people into housing because there’s a lack of affordable resources,” said Jennifer Hark Dietz, CEO of PATH, a homeless services nonprofit that worked with San José and several other cities to administer the grants.\u003c/p>\n\u003ch2>From encampment to housing\u003c/h2>\n\u003cp>Instead of merely shuffling unhoused people from one camp to another — as had been widespread practice for years — Newsom insisted this program would focus on getting people into housing. Cities and counties seeking funding must prove they will either move encampment residents directly into permanent housing or into temporary shelters with “clear pathways” to permanent housing. The state rejected an application from Chico because its plan for permanent housing fell short, said Chico Deputy City Manager Jennifer Macarthy.\u003c/p>\n\u003cp>But drawing a straight line from an encampment to a long-term home is easier said than done.\u003c/p>\n\u003cfigure id=\"attachment_11972839\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972839\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy.jpg\" alt=\"A notice sign on a wall.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-13-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">An abatement notice is posted at Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Tulare, in the Central Valley, used its $1.6 million grant to clear five encampments where about 100 people lived. But it couldn’t come up with enough beds for everyone, and as people moved out of the camps, new people kept showing up.\u003c/p>\n\u003cp>Instead of finding everyone a home, the city ended up giving 150 people tents and moving them into a sanctioned encampment. As of December, only 44 people from the five camps had landed in permanent housing.\u003c/p>\n\u003cp>But that’s at least double the rate Tulare was housing people before it got the state money, said Housing and Grants Manager Alexis Costales, who describes the program as a success. Tulare won another $4.8 million in the state’s second round of encampment grants and hopes that money will get more people housed.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I think what we’re really seeing across the board and with this funding is it’s just taking so much longer to get people into housing because there’s a lack of affordable resources.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jennifer Hark Dietz, CEO, PATH","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Los Angeles won a $1.7 million grant, which put 45 unhoused people up in a motel for several months. But motel rooms are expensive, and by the time those funds ran out, only about half had found permanent housing, Hark Dietz said. Six people left the program, and the rest moved into shelters, where PATH continues to work with them to find housing.\u003c/p>\n\u003cp>Santa Barbara County is using part of its $2.5 million grant to open two new tiny homes sites, which, starting this spring, will provide temporary shelter to dozens of people living in encampments. So far, county workers have reached out to about 200 camp residents and brought 81 inside. Of those, 52 made it to permanent housing, said the county’s Encampment Response Coordinator Lucille Boss, whose salary is paid by the state grant.\u003c/p>\n\u003cp>“We couldn’t have done a lot of this without the state’s investment,” Boss said.\u003c/p>\n\u003cp>In San José, Mahan said many people declined the city’s shelter beds. One of them was Alicia Spangenberg. Outreach workers offered her a tiny home, but the 27-year-old, who has been homeless for nearly five years, isn’t ready to sacrifice her freedom and privacy to live in a tiny dwelling with shared bathrooms and follow the program’s rules.\u003c/p>\n\u003cp>“At the end of the day,” she said, “it’s whether somebody wants to be helped.”\u003c/p>\n\u003cfigure id=\"attachment_11972841\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972841\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy.jpg\" alt=\"A young white girl with baseball cap worn backward and neck-length blond hair and blue eyes wearing a grey hoodie looks straight in the camera underneath an overpass.\" width=\"1568\" height=\"1045\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-07-copy-1536x1024.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Alicia Spangenberg, who is unhoused and sleeps along the trail, at Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California cities soon may have more freedom to clear homeless encampments \u003ca href=\"https://calmatters.org/housing/homelessness/2024/01/homeless-camp-scotus/\">if the Supreme Court strikes down a 2018 ruling that had largely tied their hands\u003c/a>. In Martin v. Boise, the Ninth Circuit Court of Appeals found cities cannot punish unhoused people for camping on public land if they have no other option — which cities interpreted to mean they must have shelter beds available before clearing a camp.\u003c/p>\n\u003cp>Regardless of what happens in that case, Newsom’s administration has made clear that cities hoping to use state encampment resolution funds must do more than simply kick people out of an encampment. They must plan to “resolve the experience of unsheltered homelessness” for the camp residents.\u003c/p>\n\u003ch2>Limited funding\u003c/h2>\n\u003cp>As the grant money runs out, some local leaders and service providers worry the gains they made might be reversed without additional funding to keep up the work they started.\u003c/p>\n\u003cp>It’s unclear when more money might materialize. \u003ca href=\"https://calmatters.org/politics/2024/01/newsom-budget-california/\">Newsom’s proposed budget for the 2024–25 fiscal year\u003c/a>, released this month, doesn’t propose cuts to the program. But after the current round of nearly $300 million — which cities and counties are applying for now — is spent, there’s no new funding on the horizon. The state appropriated a total of $400 million for this round, but about $100 million of that automatically went to cities that applied last time but were rejected because of insufficient funds.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"forum_2010101894273,news_11972519,news_11968398,news_11972474"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“If you are investing only in an intervention that’s temporary, then the solution is temporary,” said Sharon Rapport, director of California state policy for the Corporation for Supportive Housing, who has criticized Newsom for refusing to provide ongoing funding for homelessness. “It’s not going to result in reducing homelessness. It’s just going to result in a lot of people using our shelter beds.”\u003c/p>\n\u003cp>And as with any competitive grant program, many communities were left out of the initial rounds of funding.\u003c/p>\n\u003cp>When the grant program launched in 2021, Paramount — a city of five square miles in Los Angeles County — jumped at the opportunity. The small municipality made a small ask: $160,000 to clear a camp of about 30 people along the Los Angeles riverbed and expand the city’s shelter system.\u003c/p>\n\u003cp>The application was rejected without an explanation or any feedback, said Steven Coumparoules, Paramount’s community preservation manager. When he looked at the cities awarded funding, including Los Angeles, Oakland and San José, he concluded the state favored big cities. It soured him against applying again.\u003c/p>\n\u003cp>But money from the state could have made a big difference in Paramount, Coumparoules said. There are no shelter beds within the city limits, and the shelter up the road in Bell is full. The river remains a “hotbed” of homeless camps, he said.\u003c/p>\n\u003cp>“The cleanups aren’t solving the problem,” Coumparoules said. “You’re kind of just reshuffling people from one location to another.”\u003c/p>\n\u003cp>Chico, where many refugees from the 2018 Camp wildfire remain homeless, asked the state for $1.9 million in 2021 to relocate about 150 people from the banks of the Comanche Creek. Officials thought they had made a good case and were surprised when they were rejected, Deputy City Manager Macarthy said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The cleanups aren’t solving the problem. You’re kind of just reshuffling people from one location to another.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Steven Coumparoules, community preservation manager, Paramount","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The state eventually made more money available. But by that time, Chico had used city funds to clear the creek, and the state wouldn’t let the city tweak its application to secure funds for one of its many other encampments.\u003c/p>\n\u003cp>When the second round of grants opened, Chico applied again for a different encampment. Again, the city was rejected. This time, the state said Chico’s plan to move people from the camp into permanent housing fell short.\u003c/p>\n\u003cp>Without state help, the city spends about $4 million a year on clearing encampments and moving people into shelters.\u003c/p>\n\u003cp>“I would be lying if I said this is not a burden on our community from our financial perspective,” Macarthy said. City staff plan to try again for some of the $300 million available now in the third round of grants.\u003c/p>\n\u003cp>“So,” Macarthy said, “fingers crossed.”\u003c/p>\n\u003ch2>Money for beautification\u003c/h2>\n\u003cp>In the months since San José cleared the camps off the river trail, a handful of people already have moved back. To combat that, the Guadalupe River Park Conservancy is using $200,000 — 10% of the state grant — to rehabilitate the trail. The conservancy has hired two park ambassadors who patrol the area and report illegal dumping and tents. The organization is also experimenting with hosting lawn games and other activities to liven up the trail and has plans to commission a mural.\u003c/p>\n\u003cp>The state has since changed its rules, and using grant money for those types of ancillary expenses is no longer allowed. But without that money, it would have been impossible to prevent people from coming back to camp or to convince community members — long deterred by the tents — to return to the trail for recreation, said Jason Su, executive director of the conservancy. He worries about the trail reverting to its former state once the grant money runs out this summer.\u003c/p>\n\u003cfigure id=\"attachment_11972842\" class=\"wp-caption alignnone\" style=\"max-width: 1568px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11972842\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy.jpg\" alt=\"Two men are seated with belongings around them and a small table with items.\" width=\"1568\" height=\"1046\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy.jpg 1568w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-800x534.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/011224-Guadalupe-River-Park-LE-CM-14-copy-1536x1025.jpg 1536w\" sizes=\"(max-width: 1568px) 100vw, 1568px\">\u003cfigcaption class=\"wp-caption-text\">Shaun Pyles (right) and Rodney Scott, who are both unhoused and sleeping along the trail, sit at the camp of Pyles at the Guadalupe River Park in San José on Jan. 12, 2024. \u003ccite>(Loren Elliott for CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Rodney Scott, one of the remaining unhoused people living along the Guadalupe River Trail, hopes for a second chance. In 2022, the 36-year-old moved into one of the tiny homes the city uses as temporary shelter. It was great, he said: He could shower whenever he wanted and play Xbox online with his son. But after nearly a year in the program, he never got off the waitlist for permanent housing. Then, Scott said he was kicked out of the tiny home after getting into one too many arguments with other residents.\u003c/p>\n\u003cp>Since then, he’s been living in a tent outside a Target, hoping a housing placement will come through.\u003c/p>\n\u003cp>“It’s too cold to be out here right now,” Scott said. “I got heart failure. So it’s like, am I going to die waiting for an apartment?”\u003c/p>\n\u003cp>\u003cem>Jeanne Kuang contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11972829/state-program-to-clear-homeless-encampments-show-signs-of-success-but-housing-remains-elusive","authors":["byline_news_11972829"],"categories":["news_6266","news_8"],"tags":["news_21214","news_4020","news_30602"],"affiliates":["news_18481"],"featImg":"news_11972835","label":"news_18481"},"news_11970744":{"type":"posts","id":"news_11970744","meta":{"index":"posts_1591205157","site":"news","id":"11970744","score":null,"sort":[1703277043000]},"guestAuthors":[],"slug":"berkeley-can-remove-two-unhoused-seniors-with-disabilities-judge-rules","title":"Berkeley Can Remove 2 Unhoused Seniors With Disabilities, Judge Rules","publishDate":1703277043,"format":"standard","headTitle":"Berkeley Can Remove 2 Unhoused Seniors With Disabilities, Judge Rules | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Berkeley’s plan to remove two unhoused people living in tents on Eighth Street can move forward, after the city agreed to place them in shelter that is accessible to them.\u003c/p>\n\u003cp>LeWanda Parnell, 69, and Mike Douglas, 62, filed suit against the city earlier this month, after the city posted notices that it planned to remove the people living at Eighth and Harrison.\u003c/p>\n\u003cp>Judge Edward Chen ruled Thursday that Parnell could not be removed from her spot until grab bars were installed in the bathroom in the motel room where the city offered her shelter. In the complaint filed Dec. 11, Parnell stated she has a physical disability and experiences frequent falls.\u003c/p>\n\u003cp>Chen also gave Douglas until Dec. 25 to move, after ruling that the city’s offer of a motel room was adequately accessible. Chen instructed the city attorney to ensure that a list of rules was provided to Douglas within 24 hours. Previously, Douglas had been kicked out of a city-run shelter for breaking rules he said he was unaware of.\u003c/p>\n\u003cp>Thursday’s decision came after a hearing earlier in the week, where Chen ordered both sides to attempt to resolve the issue out of court and then reconvene.\u003c/p>\n\u003cp>At the heart of both plaintiffs’ arguments was the nature of accessibility.\u003c/p>\n\u003cp>[aside postID=news_11941975,news_11958939,news_11960819]“This program is not accessible if somebody’s mental health disorder results in them, you know, not being able to abide by the rules and then get kicked out immediately,” said EmilyRose Johns, an attorney who appeared on behalf of Parnell and Douglas at the hearing. “An unaccessible room is not an available shelter room, unless and until it is accessible.”\u003c/p>\n\u003cp>After the judge’s ruling, both Parnell and Douglas weren’t sure if they would accept the rooms.\u003c/p>\n\u003cp>“They’re basically telling us we’re doing the best we can, and if we fall into the cracks it’s OK,” Douglas said. At issue for Douglas was also a deep distrust of the city. He said he was hesitant to take the room because he was worried about being kicked out.\u003c/p>\n\u003cp>For Parnell, not being able to cook her own food and not being able to have her grandkids or other visitors were possible deal-breakers.\u003c/p>\n\u003cp>“God willing — I never plan — I’m gonna take one day at a time,” Parnell said.\u003c/p>\n\u003cp>Both Parnell and Douglas are also part of \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2023/12/parnell-et-al-v-city-of-berkeley.pdf\">a related class action lawsuit (PDF)\u003c/a> that was filed against Berkeley in September, blocking the city’s planned removal of 42 people in a larger encampment at Eighth and Harrison streets and along surrounding streets.\u003c/p>\n\u003cp>That case broadly addresses the city’s practices of how it conducts sweeps of homeless encampments, with a focus on the needs of unhoused people with mental and physical disabilities. The suit seeks to challenge how and when residents are given notice of a planned camp closure, the dumping or destruction of peoples’ belongings, the accessibility of available shelter and the presence of mental health liaisons during these actions.\u003c/p>\n\u003cp>That case and an update on the status of the room offered to Parnell will be addressed at a hearing set for Jan. 11.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Berkeley’s plan to remove 2 unhoused people living in tents on 8th Street can move forward, but the city must provide accessible alternative shelter.","status":"publish","parent":0,"modified":1706904705,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":554},"headData":{"title":"Berkeley Can Remove 2 Unhoused Seniors With Disabilities, Judge Rules | KQED","description":"Berkeley’s plan to remove 2 unhoused people living in tents on 8th Street can move forward, but the city must provide accessible alternative shelter.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Berkeley Can Remove 2 Unhoused Seniors With Disabilities, Judge Rules","datePublished":"2023-12-22T20:30:43.000Z","dateModified":"2024-02-02T20:11:45.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"sticky":false,"excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11970744/berkeley-can-remove-two-unhoused-seniors-with-disabilities-judge-rules","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Berkeley’s plan to remove two unhoused people living in tents on Eighth Street can move forward, after the city agreed to place them in shelter that is accessible to them.\u003c/p>\n\u003cp>LeWanda Parnell, 69, and Mike Douglas, 62, filed suit against the city earlier this month, after the city posted notices that it planned to remove the people living at Eighth and Harrison.\u003c/p>\n\u003cp>Judge Edward Chen ruled Thursday that Parnell could not be removed from her spot until grab bars were installed in the bathroom in the motel room where the city offered her shelter. In the complaint filed Dec. 11, Parnell stated she has a physical disability and experiences frequent falls.\u003c/p>\n\u003cp>Chen also gave Douglas until Dec. 25 to move, after ruling that the city’s offer of a motel room was adequately accessible. Chen instructed the city attorney to ensure that a list of rules was provided to Douglas within 24 hours. Previously, Douglas had been kicked out of a city-run shelter for breaking rules he said he was unaware of.\u003c/p>\n\u003cp>Thursday’s decision came after a hearing earlier in the week, where Chen ordered both sides to attempt to resolve the issue out of court and then reconvene.\u003c/p>\n\u003cp>At the heart of both plaintiffs’ arguments was the nature of accessibility.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11941975,news_11958939,news_11960819","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“This program is not accessible if somebody’s mental health disorder results in them, you know, not being able to abide by the rules and then get kicked out immediately,” said EmilyRose Johns, an attorney who appeared on behalf of Parnell and Douglas at the hearing. “An unaccessible room is not an available shelter room, unless and until it is accessible.”\u003c/p>\n\u003cp>After the judge’s ruling, both Parnell and Douglas weren’t sure if they would accept the rooms.\u003c/p>\n\u003cp>“They’re basically telling us we’re doing the best we can, and if we fall into the cracks it’s OK,” Douglas said. At issue for Douglas was also a deep distrust of the city. He said he was hesitant to take the room because he was worried about being kicked out.\u003c/p>\n\u003cp>For Parnell, not being able to cook her own food and not being able to have her grandkids or other visitors were possible deal-breakers.\u003c/p>\n\u003cp>“God willing — I never plan — I’m gonna take one day at a time,” Parnell said.\u003c/p>\n\u003cp>Both Parnell and Douglas are also part of \u003ca href=\"https://www.courthousenews.com/wp-content/uploads/2023/12/parnell-et-al-v-city-of-berkeley.pdf\">a related class action lawsuit (PDF)\u003c/a> that was filed against Berkeley in September, blocking the city’s planned removal of 42 people in a larger encampment at Eighth and Harrison streets and along surrounding streets.\u003c/p>\n\u003cp>That case broadly addresses the city’s practices of how it conducts sweeps of homeless encampments, with a focus on the needs of unhoused people with mental and physical disabilities. The suit seeks to challenge how and when residents are given notice of a planned camp closure, the dumping or destruction of peoples’ belongings, the accessibility of available shelter and the presence of mental health liaisons during these actions.\u003c/p>\n\u003cp>That case and an update on the status of the room offered to Parnell will be addressed at a hearing set for Jan. 11.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11970744/berkeley-can-remove-two-unhoused-seniors-with-disabilities-judge-rules","authors":["11896"],"categories":["news_6266","news_8"],"tags":["news_129","news_27626","news_20305","news_21214"],"featImg":"news_11970748","label":"news"},"news_11968398":{"type":"posts","id":"news_11968398","meta":{"index":"posts_1591205157","site":"news","id":"11968398","score":null,"sort":[1701185421000]},"guestAuthors":[],"slug":"emails-reveal-sf-officials-coordinated-efforts-against-unhoused-people","title":"Emails Reveal SF Officials’ Coordinated Efforts Against Unhoused People","publishDate":1701185421,"format":"standard","headTitle":"Emails Reveal SF Officials’ Coordinated Efforts Against Unhoused People | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco officials may be violating a court injunction barring the displacement of unhoused residents, according to a lawyer involved in an ongoing lawsuit against the city for its treatment of unhoused people.\u003c/p>\n\u003cp>The claim stems from \u003ca href=\"https://sanfrancisco.nextrequest.com/documents/26562315?token=a013daa995190f59337c2414e2f7e80d\">newly released public records\u003c/a> reviewed by KQED that show city officials coordinated with housed residents to clear a homeless encampment and install garden planters to stop the unhoused residents from returning.\u003c/p>\n\u003cp>Emails between July 2022 and September of this year show that housed residents near the intersection of Van Ness Avenue and North Point Street contacted the city multiple times about removing a homeless encampment.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Hazel Williams, homeless rights advocate\"]‘It’s especially absurd considering how much money and how many resources are being spent on creative ways to push homeless people from one neighborhood to another, at the cost of the taxpayer in many cases, instead of just paying to house people.’[/pullquote]“I am reaching out today because several of my neighbors have expressed concern and asked me to contact you directly regarding the encampment on Van Ness and Bay Street,” said resident Alyssa Casares in a May email addressed to various members within the city government. “We believe it is the same man who has camped here in the last year after I was assaulted by the woman within this Van Ness encampment.”\u003c/p>\n\u003cp>Another resident, Julie Tang, chimed in, agreeing with Casares. “The situation with this homeless young man is an urgent public safety issue that requires immediate police attention… We have seen this man used drugs openly, set fire several times to public property, and constantly acting in a drug-induced manner,” Tang wrote.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We have been attempting to keep this area clear for the citizens,” wrote Stephen Collins, with the San Francisco Police Department. “But be advised that with a new city lawsuit that is currently underway, if a homeless individual has an encampment that is not breaking any ADA laws or any municipal ordinances, they currently have the legal authority and right through a judge to stay there until this lawsuit has been decided.”\u003c/p>\n\u003cp>The court injunction Collins referenced comes from a lawsuit between the city and the Coalition on Homelessness. The injunction prevents the city from clearing most homeless encampments if the people are involuntarily homeless, meaning the city has no shelter or housing to offer them.\u003c/p>\n\u003cp>“It’s totally counterproductive and also a fundamental violation of constitutional rights to displace people, to threaten them with citation and arrest, or to make it illegal for them to be on the street just when they don’t have the ability to afford rent when the city has no shelter available to thousands of residents,” said Zal Shroff, the acting legal director at the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, one of the groups representing the Coalition on Homelessness.\u003c/p>\n\u003cfigure id=\"attachment_11968408\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11968408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg\" alt=\"A view of planters lined up along a sidewalk.\" width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1920x1440.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Planters meant to deter homeless encampments stretch nearly to the northern end of Van Ness Avenue. Critics of the planters say they only push unhoused residents onto nearby streets. \u003ccite>(Juan Carlos Lara/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In July, the neighbors said they had begun pooling their funds to install a group of planters along Van Ness, specifically to stop any encampments from returning.\u003c/p>\n\u003cp>“We would like to ask assistance from the SFPD homeless outreach team, as well as assistance from [Supervisor Catherine Stefani and Board of Supervisors President Aaron Peskin’s] office,” Casares wrote. “Stefani’s aid promised to help our community at both Fontana buildings with the paperwork to excavate the city sidewalk to add planters to deter the drug encampments.”\u003c/p>\n\u003cp>By mid-September, Casares shared that the neighbors had pooled enough funds to install the planters. Though they did not share a cost, more than 50 planters were installed and other estimates place the cost per unit in the hundreds, meaning neighbors likely pooled tens of thousands of dollars for the project.\u003c/p>\n\u003cp>[aside postID=\"news_11966960,news_11965063,news_11966533\" label=\"Related Stories\"]Dominica Donovan, Supervisor Stefani’s chief of staff, wrote back to enlist the help of a member of the Department of Public Works. “Great news regarding the planters, they will really brighten up the area. I am including Ian Schneider from DPW on this thread as he has been very helpful in coordinating street cleaning… Can PW help coordinate street cleaning before the planters are installed?”\u003c/p>\n\u003cp>Schneider responded, “Do you have a target date for installation? … Generally, folks are allowed to return to a sidewalk location after cleaning, so we’ll want to schedule this within a tight window.”\u003c/p>\n\u003cp>According to Shroff, this move isn’t the first time he has suspected the city of violating the injunction, adding that it is “consistent with the very cavalier attitude we’ve seen from the city with regard to this injunction.”\u003c/p>\n\u003cp>Shroff said he’s currently awaiting a response from the court on a motion meant to push the city to train local officials more thoroughly to abide by the injunction.\u003c/p>\n\u003cp>In an August court hearing, a judge criticized DPW for blatantly violating parts of the injunction, specifically related to throwing away the belongings of unhoused people instead of storing them for the owners to pick up later.\u003c/p>\n\u003cp>“The spirit of this lawsuit is to try to decrease the number of people who are out on the streets,” said Jennifer Friedenbach, executive director for the Coalition on Homelessness. “And address homeless people’s concerns about being out there and also address housed people’s concerns about having people being forced to sleep on the streets.”\u003c/p>\n\u003cp>The Department of Public Works declined to comment and directed inquiries to the City Attorney’s Office, citing the ongoing lawsuit. Jen Kwart, a spokesperson for the City Attorney’s Office, said in a written statement that the city is complying with the court order.\u003c/p>\n\u003cp>Supervisor Stefani said in a written statement, “I will not be deterred from continuing to advocate for residents and workers who seek safer, cleaner, and more beautiful communities.”\u003c/p>\n\u003cp>“It’s especially absurd considering how much money and how many resources are being spent on creative ways to push homeless people from one neighborhood to another, at the cost of the taxpayer in many cases, instead of just paying to house people,” said Hazel Williams, the homeless rights advocate who filed the initial public records request.\u003c/p>\n\u003cp>Though these emails may be the most clear-cut example of city officials and residents working together to move unhoused people and install planters meant to stop them from returning, it isn’t the first such case.\u003c/p>\n\u003cp>In one email, Casares, the resident driving the effort to install the planters along Van Ness, said, “We spoke with some of the neighbors on Harrison Street who mentioned they coordinated with SFPD and DPW to clean sidewalks before installing planters the same day.”\u003c/p>\n\u003cp>The residents who organized that effort earlier this year created \u003ca href=\"https://www.gofundme.com/f/a-prettier-greener-harrison-street\">a GoFundMe page\u003c/a>, where they said Supervisor Hillary Ronen suggested installing planters.\u003c/p>\n\u003cp>An email about the Harrison Street effort sent to a group of Mission residents and shared with KQED also includes the claim that DPW, the police department, and the city’s Healthy Streets Operation Center planned to clear encampments on the street to make way for the planter installation.\u003c/p>\n\u003cp>In the end, the group installed 33 planters. At $650 a piece, the number cited in the GoFundMe, the project cost more than $21,000. If the residents near Van Ness paid the same price for the more than 50 planters they installed, that project would cost more than $30,000.\u003c/p>\n\u003cp>Ronen’s office did not return a request for comment at the time of publication.\u003c/p>\n\u003cp>Supervisor Rafael Mandelman has also expressed support for the planters in the past. In September, he held a public event to celebrate the installation of planters outside of a Castro Walgreens.\u003c/p>\n\u003cp>“In my view, there’s certainly a failure here on the city’s part,” said Mandelman in an interview with KQED. “The city should not be having people needing to find shelter in public spaces, we ought to have shelter for any unhoused person willing to accept it, and we ought not to be expecting neighbors to try to figure out a response to folks camping in front of their neighborhoods or in front of their business.”\u003c/p>\n\u003cp>Mandelman added that it’s reasonable for the city to help residents beautify public spaces. However, critics like Williams, the homeless rights advocate, say many of these planters are not filled with beautiful plants but are instead filled with cement, rocks or a couple of small succulents that do nothing to beautify neighborhoods and are explicitly meant to deter unhoused people.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“To people who think that this is a good move, I would say that you will never stop seeing homeless people unless you demand that your government house them,” Williams said. “They will continue to shuffle in and out of your neighborhood until they’re housed.”\u003c/p>\n\n","blocks":[],"excerpt":"San Francisco officials may be violating a court injunction barring the displacement of unhoused residents, according to a lawyer involved in an ongoing lawsuit against the city for its treatment of unhoused people. ","status":"publish","parent":0,"modified":1701136539,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":32,"wordCount":1559},"headData":{"title":"Emails Reveal SF Officials’ Coordinated Efforts Against Unhoused People | KQED","description":"San Francisco officials may be violating a court injunction barring the displacement of unhoused residents, according to a lawyer involved in an ongoing lawsuit against the city for its treatment of unhoused people. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Emails Reveal SF Officials’ Coordinated Efforts Against Unhoused People","datePublished":"2023-11-28T15:30:21.000Z","dateModified":"2023-11-28T01:55:39.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11968398/emails-reveal-sf-officials-coordinated-efforts-against-unhoused-people","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco officials may be violating a court injunction barring the displacement of unhoused residents, according to a lawyer involved in an ongoing lawsuit against the city for its treatment of unhoused people.\u003c/p>\n\u003cp>The claim stems from \u003ca href=\"https://sanfrancisco.nextrequest.com/documents/26562315?token=a013daa995190f59337c2414e2f7e80d\">newly released public records\u003c/a> reviewed by KQED that show city officials coordinated with housed residents to clear a homeless encampment and install garden planters to stop the unhoused residents from returning.\u003c/p>\n\u003cp>Emails between July 2022 and September of this year show that housed residents near the intersection of Van Ness Avenue and North Point Street contacted the city multiple times about removing a homeless encampment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s especially absurd considering how much money and how many resources are being spent on creative ways to push homeless people from one neighborhood to another, at the cost of the taxpayer in many cases, instead of just paying to house people.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Hazel Williams, homeless rights advocate","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“I am reaching out today because several of my neighbors have expressed concern and asked me to contact you directly regarding the encampment on Van Ness and Bay Street,” said resident Alyssa Casares in a May email addressed to various members within the city government. “We believe it is the same man who has camped here in the last year after I was assaulted by the woman within this Van Ness encampment.”\u003c/p>\n\u003cp>Another resident, Julie Tang, chimed in, agreeing with Casares. “The situation with this homeless young man is an urgent public safety issue that requires immediate police attention… We have seen this man used drugs openly, set fire several times to public property, and constantly acting in a drug-induced manner,” Tang wrote.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We have been attempting to keep this area clear for the citizens,” wrote Stephen Collins, with the San Francisco Police Department. “But be advised that with a new city lawsuit that is currently underway, if a homeless individual has an encampment that is not breaking any ADA laws or any municipal ordinances, they currently have the legal authority and right through a judge to stay there until this lawsuit has been decided.”\u003c/p>\n\u003cp>The court injunction Collins referenced comes from a lawsuit between the city and the Coalition on Homelessness. The injunction prevents the city from clearing most homeless encampments if the people are involuntarily homeless, meaning the city has no shelter or housing to offer them.\u003c/p>\n\u003cp>“It’s totally counterproductive and also a fundamental violation of constitutional rights to displace people, to threaten them with citation and arrest, or to make it illegal for them to be on the street just when they don’t have the ability to afford rent when the city has no shelter available to thousands of residents,” said Zal Shroff, the acting legal director at the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, one of the groups representing the Coalition on Homelessness.\u003c/p>\n\u003cfigure id=\"attachment_11968408\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11968408\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg\" alt=\"A view of planters lined up along a sidewalk.\" width=\"2560\" height=\"1920\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1020x765.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1536x1152.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-2048x1536.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/11/IMG_1904-1920x1440.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Planters meant to deter homeless encampments stretch nearly to the northern end of Van Ness Avenue. Critics of the planters say they only push unhoused residents onto nearby streets. \u003ccite>(Juan Carlos Lara/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In July, the neighbors said they had begun pooling their funds to install a group of planters along Van Ness, specifically to stop any encampments from returning.\u003c/p>\n\u003cp>“We would like to ask assistance from the SFPD homeless outreach team, as well as assistance from [Supervisor Catherine Stefani and Board of Supervisors President Aaron Peskin’s] office,” Casares wrote. “Stefani’s aid promised to help our community at both Fontana buildings with the paperwork to excavate the city sidewalk to add planters to deter the drug encampments.”\u003c/p>\n\u003cp>By mid-September, Casares shared that the neighbors had pooled enough funds to install the planters. Though they did not share a cost, more than 50 planters were installed and other estimates place the cost per unit in the hundreds, meaning neighbors likely pooled tens of thousands of dollars for the project.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11966960,news_11965063,news_11966533","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Dominica Donovan, Supervisor Stefani’s chief of staff, wrote back to enlist the help of a member of the Department of Public Works. “Great news regarding the planters, they will really brighten up the area. I am including Ian Schneider from DPW on this thread as he has been very helpful in coordinating street cleaning… Can PW help coordinate street cleaning before the planters are installed?”\u003c/p>\n\u003cp>Schneider responded, “Do you have a target date for installation? … Generally, folks are allowed to return to a sidewalk location after cleaning, so we’ll want to schedule this within a tight window.”\u003c/p>\n\u003cp>According to Shroff, this move isn’t the first time he has suspected the city of violating the injunction, adding that it is “consistent with the very cavalier attitude we’ve seen from the city with regard to this injunction.”\u003c/p>\n\u003cp>Shroff said he’s currently awaiting a response from the court on a motion meant to push the city to train local officials more thoroughly to abide by the injunction.\u003c/p>\n\u003cp>In an August court hearing, a judge criticized DPW for blatantly violating parts of the injunction, specifically related to throwing away the belongings of unhoused people instead of storing them for the owners to pick up later.\u003c/p>\n\u003cp>“The spirit of this lawsuit is to try to decrease the number of people who are out on the streets,” said Jennifer Friedenbach, executive director for the Coalition on Homelessness. “And address homeless people’s concerns about being out there and also address housed people’s concerns about having people being forced to sleep on the streets.”\u003c/p>\n\u003cp>The Department of Public Works declined to comment and directed inquiries to the City Attorney’s Office, citing the ongoing lawsuit. Jen Kwart, a spokesperson for the City Attorney’s Office, said in a written statement that the city is complying with the court order.\u003c/p>\n\u003cp>Supervisor Stefani said in a written statement, “I will not be deterred from continuing to advocate for residents and workers who seek safer, cleaner, and more beautiful communities.”\u003c/p>\n\u003cp>“It’s especially absurd considering how much money and how many resources are being spent on creative ways to push homeless people from one neighborhood to another, at the cost of the taxpayer in many cases, instead of just paying to house people,” said Hazel Williams, the homeless rights advocate who filed the initial public records request.\u003c/p>\n\u003cp>Though these emails may be the most clear-cut example of city officials and residents working together to move unhoused people and install planters meant to stop them from returning, it isn’t the first such case.\u003c/p>\n\u003cp>In one email, Casares, the resident driving the effort to install the planters along Van Ness, said, “We spoke with some of the neighbors on Harrison Street who mentioned they coordinated with SFPD and DPW to clean sidewalks before installing planters the same day.”\u003c/p>\n\u003cp>The residents who organized that effort earlier this year created \u003ca href=\"https://www.gofundme.com/f/a-prettier-greener-harrison-street\">a GoFundMe page\u003c/a>, where they said Supervisor Hillary Ronen suggested installing planters.\u003c/p>\n\u003cp>An email about the Harrison Street effort sent to a group of Mission residents and shared with KQED also includes the claim that DPW, the police department, and the city’s Healthy Streets Operation Center planned to clear encampments on the street to make way for the planter installation.\u003c/p>\n\u003cp>In the end, the group installed 33 planters. At $650 a piece, the number cited in the GoFundMe, the project cost more than $21,000. If the residents near Van Ness paid the same price for the more than 50 planters they installed, that project would cost more than $30,000.\u003c/p>\n\u003cp>Ronen’s office did not return a request for comment at the time of publication.\u003c/p>\n\u003cp>Supervisor Rafael Mandelman has also expressed support for the planters in the past. In September, he held a public event to celebrate the installation of planters outside of a Castro Walgreens.\u003c/p>\n\u003cp>“In my view, there’s certainly a failure here on the city’s part,” said Mandelman in an interview with KQED. “The city should not be having people needing to find shelter in public spaces, we ought to have shelter for any unhoused person willing to accept it, and we ought not to be expecting neighbors to try to figure out a response to folks camping in front of their neighborhoods or in front of their business.”\u003c/p>\n\u003cp>Mandelman added that it’s reasonable for the city to help residents beautify public spaces. However, critics like Williams, the homeless rights advocate, say many of these planters are not filled with beautiful plants but are instead filled with cement, rocks or a couple of small succulents that do nothing to beautify neighborhoods and are explicitly meant to deter unhoused people.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“To people who think that this is a good move, I would say that you will never stop seeing homeless people unless you demand that your government house them,” Williams said. “They will continue to shuffle in and out of your neighborhood until they’re housed.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11968398/emails-reveal-sf-officials-coordinated-efforts-against-unhoused-people","authors":["11761"],"categories":["news_8"],"tags":["news_33557","news_27626","news_21214","news_33556","news_33554","news_33555","news_30889"],"featImg":"news_11968407","label":"news"},"news_11965063":{"type":"posts","id":"news_11965063","meta":{"index":"posts_1591205157","site":"news","id":"11965063","score":null,"sort":[1698058845000]},"guestAuthors":[],"slug":"unhoused-californians-are-living-on-the-bleeding-edge-of-climate-change","title":"Unhoused Californians Are Living on the 'Bleeding Edge' of Climate Change","publishDate":1698058845,"format":"standard","headTitle":"Unhoused Californians Are Living on the ‘Bleeding Edge’ of Climate Change | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>This story is part of the third season of KQED’s podcast Sold Out: Rethinking Housing in America. You can \u003ca href=\"https://www.kqed.org/podcasts/soldout\">find that series here\u003c/a> and read about why \u003ca href=\"https://www.kqed.org/science/1984697/why-kqed-focused-a-season-of-its-housing-podcast-on-climate-change#:~:text=Sold%20Out%20Is%20Back%20With%20Season%203&text=Host%20Erin%20Baldassari%20leads%20a,an%20affordable%20place%20to%20live.\">KQED chose to focus a season of its housing podcast on climate change\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>[dropcap]W[/dropcap]hen summer temperatures in Fresno break 100 degrees, Deana Everhart cooks. It’s a rare privilege for a woman without a kitchen or a house.\u003c/p>\n\u003cp>Marie Callender’s TV dinners are her favorite, and she puts them on the sidewalk to let the sun do an oven’s work.\u003c/p>\n\u003cp>“They will cook as if they were in a microwave,” she said on a 108-degree day in July. “In about 30 minutes, they’re hot and ready.”\u003c/p>\n\u003cp>It might be the only perk that’s come with the increasingly hellish summers plaguing her hometown.\u003c/p>\n\u003cp>At 61, Everhart has lived about 20 years cycling on and off Fresno’s streets. But as she gets older, and the \u003ca href=\"https://experience.arcgis.com/experience/bdd9567a847a4b52abd20253539143df/page/Weather-and-Climate/?views=All-Climate-Indicators%2CHeat-Waves\">heat waves become more frequent\u003c/a>, it’s harder to survive outside.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This past year has been especially challenging as \u003ca href=\"https://www.nesdis.noaa.gov/news/atmospheric-rivers-hit-west-coast\">historic winter storms\u003c/a> gave way to a blistering summer. Now, she’s bracing for yet another potentially drenching winter, thanks to El Niño.\u003c/p>\n\u003cp>Meanwhile, Everhart is caught in the middle of an ever-changing web of policies, put in place by Fresno city leaders who face pressures to reduce street homelessness while mitigating the harm unhoused residents face from deadly weather.\u003c/p>\n\u003cp>It’s a story playing out across California as our climate and housing crises collide. \u003ca href=\"https://www.hudexchange.info/programs/coc/coc-homeless-populations-and-subpopulations-reports/?filter_Year=2019&filter_Scope=State&filter_State=CA&filter_CoC=&program=CoC&group=PopSub\">The number of unsheltered people in California rose 6.5%\u003c/a> from 2019 to 2022. The increase is much steeper in Fresno, where unsheltered homelessness has spiked 48% since 2019, the vast majority of that increase during the first year of the pandemic, according to the city.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Dangerously Hot Days Are on the Rise in Fresno\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-EbsnW\" src=\"https://datawrapper.dwcdn.net/EbsnW/6/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"1000\" height=\"600\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>The heat index is what the temperature feels like to the human body when relative humidity is combined with the air temperature. As the heat index rises, so does the risk of heat-related illness.\u003c/em>\u003c/p>\n\u003cp>At the same time, the number of dangerously hot days in Fresno has \u003ca href=\"https://www.climatecentral.org/graphic/high-heat-index-days-2023?graphicSet=High+Heat+Index+Days&location=Fresno&lang=en\">gone up by 17 days a year\u003c/a> since 1979. The state is \u003ca href=\"https://oehha.ca.gov/climate-change/epic-2022/changes-climate/precipitation\">increasingly yo-yoing between periods of drought and heavy rain\u003c/a>, \u003ca href=\"https://blog.ucsusa.org/pablo-ortiz/climate-change-impacts-on-california-central-valley-the-warning-shot-the-us-is-ignoring/\">a trend that’s particularly pronounced in the Central Valley\u003c/a>, where bursts of heavy precipitation easily lead to flooding. [pullquote size=\"medium\" align=\"right\" citation=\"Dr. Margot Kushel, director, UCSF Benioff Homelessness and Housing Initiative\"]‘Folks experiencing homelessness are on the bleeding edge of the health crises that are happening with extremes of temperature.’[/pullquote]Seniors like Everhart are \u003ca href=\"https://www.cdc.gov/disasters/extremeheat/older-adults-heat.html\">especially vulnerable\u003c/a> to the elements, and \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10061143/#:~:text=The%20cumulative%20disadvantage%20experienced%20by,functional%20and%20cognitive%20impairment%2C%20incontinence\">living on the streets hastens aging\u003c/a>. Dr. Margot Kushel, director of the UCSF Benioff Homelessness and Housing Initiative, compared the physical condition of a 50-year-old living outside to that of a person two to three decades older in the general population.\u003c/p>\n\u003cp>“Folks experiencing homelessness are on the bleeding edge of the health crises that are happening with extremes of temperature,” said Kushel, the lead investigator on a \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">landmark survey\u003c/a> of houseless Californians released this year.\u003c/p>\n\u003cp>It found that people 50 years and older now represent nearly half of single adults experiencing homelessness.\u003c/p>\n\u003cp>“It’s just hard,” Everhart said. “At my age, everything combined is hard on me.”\u003c/p>\n\u003ch2>‘The most-best shade in all of Fresno’\u003c/h2>\n\u003cp>It was sometime in late spring when Everhart rolled her belongings onto a patch of dirt under an overpass near downtown Fresno. She was thinking about the oncoming heat when she chose the spot, shielded by hundreds of tons of concrete.\u003c/p>\n\u003cp>“This is the most-best shade, I bet, in all of Fresno, right here,” Everhart said.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC5564168870&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The camp she made there with a longtime friend, Shannon Thom, was a jumble of carts and strollers piled with dozens of bulging plastic bags, chairs in various states of disrepair, empty food containers and a molding sheet cake.\u003c/p>\n\u003cp>“Somebody gave it to us, but it’s already old,” Everhart said. “Out here, you learn to accept stuff.”\u003c/p>\n\u003cfigure id=\"attachment_11954896\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954896 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-800x533.jpg\" alt=\"A woman in a pink hat leans on a chainlink fence under a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deana Everhart, 61, spent the hottest part of the summer sheltering under an overpass near downtown Fresno. She’s been unhoused on and off for about 20 years. “I remember how scared I was the first time sleeping by myself,” she said of her early days on the streets. Today, it’s hard for her to imagine another way of life. While she said she wants housing, the responsibility that comes with it feels daunting. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The living arrangement was chaotic but reflected their years of combined street savvy: cell phones, documents, food and clothes concealed by junky-looking bags were less likely to entice thieves. Allowing trash to build up around them was less likely to draw complaints than throwing it into the dumpster outside a nearby apartment complex.\u003c/p>\n\u003cp>Over the years, they’ve camped together and developed a system to keep each other and their things safe.\u003c/p>\n\u003cp>“We take shifts on sleeping because we have to watch the stuff 24/7,” Everhart said.\u003c/p>\n\u003cp>Her skin is tanned and freckled from years of sun, but there’s something girlish about her. She wears her long, dark hair in low pigtails. In her 20s, Everhart played guitar in an all-girl metal band called Sweet Lies — “Like sweet, but not so sweet,” she said. “We were rocker girls.”\u003c/p>\n\u003cp>She still seems to relish the spotlight, but these days, she tends to hold her hand in front of her mouth while she talks because she’s shy about her teeth. She can’t always brush them outside.\u003c/p>\n\u003cp>Everhart’s path to homelessness is entwined with her mental illness. As her obsessive-compulsive disorder became increasingly debilitating, she struggled to hold on to housing. Court records show she has been evicted twice.\u003c/p>\n\u003cp>Everhart now lives on $1,252 a month in Social Security disability benefits, plus food stamps — less than the median rent in Fresno, which spiked in recent years. Between 2017 and 2021, \u003ca href=\"https://www.latimes.com/homeless-housing/story/2021-03-31/fresno-rent-spike-taps-into-california-covid-housing-trends\">rents rose almost 40\u003c/a>%, the biggest increase of any large city in the country. [aside postID=news_11964791 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/10/CalMatters01-1020x680.jpg']Despite her situation, she is less worried about herself than her son, Travis Everhart. He’s 39, has schizophrenia and lives on Fresno’s streets, too.\u003c/p>\n\u003cp>At the camp, she pointed out a box full of his things and the mat where he sleeps beside her when he’s not wandering the city alone.\u003c/p>\n\u003cp>The last time she and Thom, 41, shared a room, they said her son was banned from visiting because his psychosis caused him to yell out. Early last summer, after a string of hot days gave him a nasty sunburn that turned his nose the mottled blue-red of raw hamburger meat, Everhart gave up her housing to be closer to him.\u003c/p>\n\u003cp>“I thought, I’ll go to him,” she said. “I’m trying to keep my son alive.”\u003c/p>\n\u003cp>A few months later, her anxiety about his well-being reached a new level after the death of his friend, Patrick Weaver, who was also unhoused.\u003c/p>\n\u003cp>The two were close in age, shared a love of comic books and a diagnosis of schizophrenia, Everhart said, adding, “It’s hard for my son to find a good friend like that.”\u003c/p>\n\u003cp>Weaver was found dead in a parking lot, according to a city official, at the tail end of a solid month of triple-digit temperatures. [pullquote size=\"medium\" align=\"right\" citation=\"Deana Everhart, unhoused Fresno resident\"]‘I thought, I’ll go to him. I’m trying to keep my son alive.’[/pullquote]“Devastating is the only word I could think of to describe that,” Everhart said.\u003c/p>\n\u003cp>She believes heat played a role in Weaver’s death. He died four days after Fresno reached its second hottest temperature on record: 114 degrees.\u003c/p>\n\u003cp>The Fresno County Sheriff-Coroner’s Office has yet to release his death report to KQED but did confirm the official cause was an overdose. Weaver had methamphetamine and fentanyl in his system. Meth raises a person’s body temperature and contributes \u003ca href=\"https://www.latimes.com/california/story/2023-08-31/california-heat-related-deaths-climate-change-homelessness-methamphetamine\">to heat-related illness and death\u003c/a> across California. \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">Almost one-third\u003c/a> of unhoused Californians reported using it, according to the UCSF survey Kushel led.\u003c/p>\n\u003cp>Schizophrenia, which is \u003ca href=\"https://bmcpsychiatry.biomedcentral.com/articles/10.1186/s12888-019-2361-7\">vastly more common\u003c/a> among unhoused people than the general population, affects the brain’s ability to regulate body temperature and make reasoned decisions, potentially putting people at a \u003ca href=\"https://www.science.org/content/article/schizophrenia-pinpointed-key-factor-heat-deaths#:~:text=Epidemiologists%20combing%20through%20provincial%20health,increase%20compared%20with%20typical%20summers.\">higher risk of heat-related death\u003c/a>.\u003c/p>\n\u003cp>The number of unhoused people who die due to extreme weather in Fresno, and around California, is hard to know. Historically, most coroners haven’t tracked housing status. KQED public records requests to coroners and medical examiners across the state yielded few results.\u003c/p>\n\u003cp>But people experiencing homelessness are \u003ca href=\"https://bfi.uchicago.edu/wp-content/uploads/2023/03/BFI_WP_2023-41.pdf\">already far more likely to die than their housed counterparts\u003c/a>. Depending on age, studies found that \u003ca href=\"https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2795475?guestAccessKey=7ac6269d-6dbd-4288-a405-b1ecca6e082e&utm_source=For_The_Media&utm_medium=referral&utm_campaign=ftm_links&utm_content=tfl&utm_term=082922\">death is three\u003c/a> to \u003ca href=\"https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1556797\">nine times\u003c/a> more common on the streets. And there is some evidence extreme weather worsens those odds.\u003c/p>\n\u003cp>Unhoused people made up almost \u003ca href=\"https://www.latimes.com/california/story/2023-02-19/la-me-homeless-heat-deaths#:~:text=Although%20the%20unhoused%20population%20represents,data%20from%20the%20coroner's%20office.\">half of heat-related deaths in Los Angeles County last year, though they represent less than 1% of the population\u003c/a>. In Sacramento County, the \u003ca href=\"https://www.srceh.org/_files/ugd/ee52bb_c3a8312b492b4ded8980857803c67708.pdf\">death rate among people experiencing homelessness in 2021 from hypothermia was 215.5 times higher than the county rate overall\u003c/a>.\u003c/p>\n\u003ch2>A ‘complete disaster’ or a lifesaver?\u003c/h2>\n\u003cp>Faced with the confluence of increasingly deadly weather and a growing homeless population that’s especially vulnerable to it, Fresno city leaders are being forced to respond. Last year, under pressure from advocates, they \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=11257222&GUID=51A17E03-0CE8-412D-BA38-6CB5A21A72C1\">expanded the city’s warming and cooling centers\u003c/a>, the primary resource for unhoused people during extreme weather events. [pullquote size=\"medium\" align=\"right\" citation=\"Fresno City Councilmember Miguel Arias\"]‘In response to climate change, we’re having to fundamentally change the use of community centers in neighborhoods.’[/pullquote]Cooling centers now open when temperatures reach 100 degrees, instead of 105, and stay open longer.\u003c/p>\n\u003cp>The bigger change was to warming centers last winter. Because of the heavy rain, city officials \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=11534615&GUID=D8ADCBC2-BA69-4C93-B820-E5B00A3589CB\">voted to keep certain centers open\u003c/a> for more than three months straight.\u003c/p>\n\u003cp>People crowded in, filling them beyond capacity. The community centers, once home to after-school programs, services for the elderly and adult recreational activities, became de facto homeless shelters.\u003c/p>\n\u003cp>“In response to climate change, we’re having to fundamentally change the use of community centers in neighborhoods,” said City Councilmember Miguel Arias, who represents the district where Everhart and most of the city’s unhoused residents live.\u003c/p>\n\u003cp>The backlash came fast and loud.\u003c/p>\n\u003cfigure id=\"attachment_11954903\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954903 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-800x533.jpg\" alt='The doors of a large community center are seen beyond a gate with a sign reading \"cooling center.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Ted C. Wills Community Center in Fresno hosts a temporary reprieve during triple-digit heat. In Fresno, like in many cities, warming and cooling centers are the main resource for unhoused people in extreme weather. Changes to Fresno’s centers have generated a backlash from residents in surrounding neighborhoods. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was a complete disaster for our neighborhood,” said Chris Collins, who lives with his family directly next to the Ted C. Wills Community Center, one of four recreation centers that became a warming center last winter.\u003c/p>\n\u003cp>He said someone was living in a tent in the alley behind their house, and more tents lined the sidewalk around the corner. Another person dumped a stroller full of belongings in their front yard, and in the middle of the night, a man pounded on his neighbor’s door and refused to leave until the owner pulled out a gun. [pullquote size=\"medium\" align=\"right\" citation=\"Chris Collins, resident, Fresno\"]‘It was a complete disaster for our neighborhood.’[/pullquote]Meanwhile, staff at the center were completely overwhelmed, according to one parks department employee who declined to be identified because they aren’t authorized to speak to the media.\u003c/p>\n\u003cp>People brought alcohol and weapons into the sleeping area, used drugs in the bathroom and left huge messes, according to the staffer. They said before the community center’s preschool program was put on pause, a little girl stepped in human waste and ended up smearing it on her clothes.\u003c/p>\n\u003cp>Arias acknowledged the challenges. Almost overnight, he said, employees accustomed to running rec rooms were disinfecting cots and triaging ailments ranging from gangrene to diabetic seizures.\u003c/p>\n\u003cp>“There’s got to be a better solution,” Collins said, adding that neighbors never had a problem with the center operating as it had in the past, a few days at a time. [aside postID=news_11956715 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1557929497-KQED-1020x661.jpg']But as the stretches of wild weather get longer and city leaders are forced to step in, Arias expects this kind of conflict isn’t going away.\u003c/p>\n\u003cp>“This is one of the many unintended consequences of climate change at the local level,” he said. “And residents will continue to push back on local government as we try to adjust and expand services to save lives.”\u003c/p>\n\u003cp>The changes that made Collins and his neighbors miserable made the center lifesaving for Everhart, who stayed there nearly the whole time it was open.\u003c/p>\n\u003cp>“Everybody loved it and most of the people in there were seniors,” she said.\u003c/p>\n\u003cp>In the past, she rarely used the warming centers because the sporadic schedules made them impractical and people weren’t allowed to bring their belongings inside. [pullquote size=\"medium\" align=\"right\" citation=\"Deana Everhart, unhoused Fresno resident\"]‘Everybody loved it and most of the people in there were seniors.’[/pullquote]Last winter, she’s not sure how she would have survived without it. “I was truly scared,” she said.\u003c/p>\n\u003cp>Managing the centers now requires a full-time city employee, and Fresno has already more than doubled what it spends on them, from $300,000 to $800,000, Arias said. By next year, he expects that will rise to $1 million annually.\u003c/p>\n\u003cp>After the controversy last winter, the city is looking for ways to minimize the impact on neighbors and center staff. The plan is to \u003ca href=\"https://www.planetbids.com/Fresno/BMfiles/20230707105523093%20PUBLIC%20NOTICE%2012400023.pdf\">turn over management to nonprofits and churches\u003c/a>, who would run the programs out of the community centers for now, and eventually find alternative facilities, Arias hopes.\u003c/p>\n\u003ch2>A painful family history\u003c/h2>\n\u003cp>Everhart once held jobs, went to community college and had an apartment and a car. There were always signs of her mental illness, but as she grew older, it progressed into a severe case of obsessive-compulsive disorder.\u003c/p>\n\u003cp>By her early 30s, she had four children, no income except what welfare programs supplied and couldn’t manage the responsibilities of parenting or maintaining a home. All of her kids ended up with their grandparents.\u003c/p>\n\u003cp>“She was not capable of raising children because of how her mental illness affected her way to function,” her daughter Carolyn Mercer, 30, wrote in an email.\u003c/p>\n\u003cp>Mercer, who was out of her mother’s care by the time she was 2 years old, described her as neglectful.\u003c/p>\n\u003cfigure id=\"attachment_11954907\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954907 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-800x533.jpg\" alt=\"A car drives up a street set below a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An overpass along State Route 180, near the place Deana and Shannon camped during the summer. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I know I wasn’t taking as good of care of the kids as I felt I should,” Everhart said, acknowledging she was struggling with her mental health at the time.\u003c/p>\n\u003cp>“Having OCD is like working two or three jobs — it’s mentally exhausting,” she said. “I did the best I could. I needed help.”\u003c/p>\n\u003cp>Since she became homeless, Everhart has only lived indoors for short stretches. She said she lost a room in an SRO because she spent four hours in the shower, convinced she was still covered in soap, and got kicked out of a women’s shelter because she couldn’t keep up with their schedule.\u003c/p>\n\u003cp>She and Thom said they’re on waiting lists for housing, but Everhart finds the obligations that come with being housed daunting. She was hesitant when asked if she’d take what the city might eventually be able to offer: a converted motel room.\u003c/p>\n\u003cp>“I’m not opposed to it, but if I have to be out here I’m OK,” she said, adding that she feels a sense of duty to help care for more severely incapacitated people living on the streets. “Maybe I just feel like I need to be out here to help them.”\u003c/p>\n\u003cp>It’s one responsibility, perhaps the only one, she feels equal to.\u003c/p>\n\u003cfigure id=\"attachment_11954897\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954897 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-800x533.jpg\" alt=\"A woman stands in the shade under a freeway overpass grasping the post of a street sign.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Shannon Thom, 41, has camped with Deana for the past several years. Living together allows them to sleep in shifts to keep watch over each other and their things. They take turns using the bathroom at a liquor store, or take short breaks from the heat at a nearby cooling center. Shannon grew up in Fresno, bouncing around apartments with her mother and sister. At one point, she ended up homeless with her mother on L.A.’s Skid Row, she said. After her mother and sister died, she was left without any close relatives. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the winter, she and Thom keep extra blankets and jackets from thrift stores to hand out. She found one man’s family on Facebook and reconnected them, and when another young man wandered over to their camp confused and hungry one afternoon, Everhart was eager to help.\u003c/p>\n\u003cp>“Honey, if you wait a minute we’ll go to the store over there and get you a cup o’ noodle and we’ll heat it in the microwave and get you a little soda,” she said. “Do you want that?” [pullquote size=\"medium\" align=\"right\" citation=\"Carolyn Mercer, 30, daughter of Deana Everhart\"]‘All I see in her is a little girl that never got the love and affection she truly deserved from her parents. I wish she would see the little girl in me that needed that same love, but she never will.’[/pullquote]She finds purpose in caring for people on the streets, trying in her way to “mother” them — most of all, her own son.\u003c/p>\n\u003cp>But Everhart’s daughter said she never benefited from this tenderness.\u003c/p>\n\u003cp>“I finally came to the realization that I will never get the mother I always wanted and needed,” she said. Mercer is no longer in contact with her mother.\u003c/p>\n\u003cp>She’s come to understand the pain her mother caused her as a legacy of Everhart’s own abuse and neglect.\u003c/p>\n\u003cp>“All I see in her is a little girl that never got the love and affection she truly deserved from her parents,” she said, speculating that this played a role in the development of Everhart’s mental illness. “I wish she would see the little girl in me that needed that same love, but she never will.”\u003c/p>\n\u003cp>Still, Mercer can’t help but worry about her mother, aging on the streets.\u003c/p>\n\u003cp>“It always keeps me up at night when I’m able to keep warm in my home with a heater in the winter or be comfortable with AC in the summer,” she said. “I always feel a sense of guilt that I never know if she’s ‘comfortable’ and safe from the elements outdoors while I’m able to live comfortably.”\u003c/p>\n\u003ch2>Business as usual\u003c/h2>\n\u003cp>Early this past summer, even as Fresno was expanding cooling centers, city leaders were taking aim at unhoused residents with a \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=12032871&GUID=50F7141B-5564-4058-A28C-71BC9843868A\">new law restricting access to any place designated a “sensitive area.\u003c/a>” [pullquote size=\"medium\" align=\"right\" citation=\"Deana Everhart, unhoused Fresno resident\"]‘Where can we go? I’m 61 years old. You want me to roll my stuff in the 110-degree [heat] and die?’[/pullquote]Among the many sites listed as possible targets are overpasses, underpasses and bridges — places where Everhart often finds refuge from heat and rain.\u003c/p>\n\u003cp>Everhart and Thom fretted about where they would go to avoid the new law.\u003c/p>\n\u003cp>“We can’t be under here. We thought they were bad — they went from bad to worse,” Everhart said, referring to the city’s Homeless Assistance Response Team. “We’re very scared now.”\u003c/p>\n\u003cfigure id=\"attachment_11954898\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954898 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-800x533.jpg\" alt=\"A man in a light pink button down shirt stands in front of large brown doors.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fresno City Councilmember Miguel Arias outside the entrance to the cooling center at the Ted C Wills community center. He and other city officials are facing pressure from homeowners and businesses to clean up homelessness while advocates simultaneously demand urgent action to protect unhoused people from increasingly extreme weather. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before they could figure out a plan, the Response Team showed up — a visit that had nothing to do with the new law, as far as Everhart could tell. It was just business as usual.\u003c/p>\n\u003cp>It was forecast to hit 110 degrees in Fresno that day, and the National Weather Service was \u003ca href=\"https://x.com/NWSHanford/status/1680213678715723776?s=20\">warning of a “major to extreme risk” for heat-related illnesses\u003c/a>, especially for people with no escape from the elements. [pullquote size=\"medium\" align=\"right\" citation=\"William Freeman, attorney, ACLU\"]‘It’s as though the city council looked for places where people go, where they can find shelter, and singled out those places. Ordinances that essentially require people to constantly be moving and prohibit them from having any fixed place to be just puts tremendous stress on them.’[/pullquote]Undeterred, city workers cleared the trash surrounding the camp, then told Everhart and Thom to leave the area.\u003c/p>\n\u003cp>“You know, it’s real hot,” Everhart recalled telling one of the police officers with the team that responds to complaints about encampments. “Where can we go? I’m 61 years old. You want me to roll my stuff in the 110-degree [heat] and die?”\u003c/p>\n\u003cp>Sweeps like this one have become routine, but advocates worry the new law, with its heightened restrictions, will make them even more frequent. Fresno city leaders approved the plan despite warnings that the consequences could be dire.\u003c/p>\n\u003cp>“It’s as though the city council looked for places where people go, where they can find shelter, and singled out those places,” said ACLU attorney William Freeman, who \u003ca href=\"https://www.fresnobee.com/news/local/article276239381.html\">urged the city council not to pass the plan\u003c/a>, arguing it violates the constitutions of the United States and California. “Ordinances that essentially require people to constantly be moving and prohibit them from having any fixed place to be just puts tremendous stress on them.”\u003c/p>\n\u003cp>Arias, one of the council members who put the new rule forward, said it was about ensuring unhoused people and their things don’t block public rights of way, a goal another official chalked up to an attempt to avoid a lawsuit similar to the one \u003ca href=\"https://www.sacbee.com/news/local/article272274053.html\">Sacramento is facing\u003c/a> from residents with disabilities who say homeless camps have taken over sidewalks, making it impossible for them to get around the city.\u003c/p>\n\u003cp>And, Arias said, clearing encampments is a public health requirement.\u003c/p>\n\u003cfigure id=\"attachment_11954904\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11954904\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-800x533.jpg\" alt=\"A hand holds two bottles of cold water.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nas, an unhoused man in the Tower District in Fresno, holds cold water bottles given to him by\u003cbr>local advocates with the Fresno Homeless Union, Bob and Linda McCloskey, on July 1, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“When you have the amount of feces, the amount of drug paraphernalia, the amount of rotting food, all in one location, you get outbreaks of disease,” he said. “That’s why we have to respond.”\u003c/p>\n\u003cp>After city workers left, Everhart and Thom set up their camp again — this time, about 200 feet from where they’d been, still under the same overpass. [pullquote size=\"medium\" align=\"right\" citation=\"Deana Everhart, unhoused Fresno resident\"]‘Everything we do, everything, revolves around them — trying to evade them.’[/pullquote]The city formed the response team last year, \u003ca href=\"https://www.fresnobee.com/news/local/article257698758.html\">pitching it as a more compassionate alternative\u003c/a> to the police department’s former homeless task force. The team includes outreach workers from a local nonprofit, staff from the code enforcement department and police officers. The city rolled it out along with a new 311 line to field complaints about unhoused people.\u003c/p>\n\u003cp>“Everything we do, everything, revolves around them — trying to evade them,” Everhart said.\u003c/p>\n\u003cp>She and Thom said the team has thrown away nearly all their possessions several times, a mental and financial blow that can be especially grave in extreme weather. They’ve lost things they need to survive in the heat and the cold, like blankets, clothes, food and water. By Everhart’s count, the response team has shuffled them around the city seven times in less than a year.\u003c/p>\n\u003cp>Activists here have tried — without success — to get the city to stop sweeps during extreme weather. This past summer, the Sacramento Homeless Union won a \u003ca href=\"https://www.sacbee.com/news/local/article277931013.html\" target=\"_blank\" rel=\"noopener\">temporary injunction\u003c/a> banning the city from cleaning encampments during a heat wave, a case Everhart followed closely when she could charge her phone. [aside label='More Stories on Housing' tag='housing']Advocates are pushing for sanctioned encampments where people can set up tents or RVs with the city’s permission and tiny home villages with air conditioning. Everhart has helped them lobby for dumpsters and porta-potties to solve some of the sanitation concerns about camps. Long term, they are fighting for rent control and more affordable housing.\u003c/p>\n\u003cp>Since 2019, Fresno has spent over $100 million to address homelessness, more than 90% of it on housing, according to the city. It’s permanently housed nearly 1,900 people while sheltering or temporarily putting up more than 3,000.\u003c/p>\n\u003cp>But the city estimates there are still 1,700 people living on its streets. “And that’s because the unhoused numbers continue to grow,” Arias said.\u003c/p>\n\u003ch2>A welcome ‘vacation’\u003c/h2>\n\u003cp>In early September, an infected spider bite sent Everhart to the hospital.\u003c/p>\n\u003cp>She suspects a black widow because she spotted one near where she was sleeping. She had surgery to remove the necrotic flesh on her thumb, and the doctor put in a drain she described as a McDonald’s straw.\u003c/p>\n\u003cp>“My thumb looks like the zombie apocalypse,” she joked from her hospital bed. “I am not exaggerating either. It looks terrible.”\u003c/p>\n\u003cp>A couple of weeks earlier, her son, Travis Everhart, went to jail for property damage and resisting arrest. Everhart’s understanding is that he threw some rocks at a car, “because the car was loud,” she said. [pullquote size=\"medium\" align=\"right\" citation=\"Deana Everhart, unhoused Fresno resident\"]‘It’s been nice, I’ll tell you that. They bring your food, you lay in this comfortable bed that has lots of pillows.’[/pullquote]She’s glad he’s set to be released in November, but in a way, she’s relieved he’s in jail. At least she knows where he is and that he has food and shelter.\u003c/p>\n\u003cp>Amid of all this, the hospital, with its air conditioning and bed, is almost a welcome vacation.\u003c/p>\n\u003cp>“It’s been nice, I’ll tell you that,” she said. “They bring your food, you lay in this comfortable bed that has lots of pillows.”\u003c/p>\n\u003cp>She met with a social worker there, but when she explained she was already on a waiting list for housing, Everhart said the woman told her there wasn’t much else to do but wait.\u003c/p>\n\u003cp>When she gets released from the hospital, the plan is to have Thom help her tie a plastic bag around her bandaged hand to keep out the dirt. Their camp is alongside a different stretch of freeway now, where they’ll wait for her son to get out of jail. There, under a tarp and umbrella, they’ll try to shelter from the waning heat and the coming rains.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"KQED follows one woman struggling to survive on the streets of Fresno during a summer of blisteringly hot temperatures.","status":"publish","parent":0,"modified":1698701611,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":true,"iframeSrcs":["https://datawrapper.dwcdn.net/EbsnW/6/"],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":100,"wordCount":4772},"headData":{"title":"Unhoused Californians Are Living on the 'Bleeding Edge' of Climate Change | KQED","description":"KQED follows one woman struggling to survive on the streets of Fresno during a summer of blisteringly hot temperatures.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Unhoused Californians Are Living on the 'Bleeding Edge' of Climate Change","datePublished":"2023-10-23T11:00:45.000Z","dateModified":"2023-10-30T21:33:31.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11965063/unhoused-californians-are-living-on-the-bleeding-edge-of-climate-change","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>This story is part of the third season of KQED’s podcast Sold Out: Rethinking Housing in America. You can \u003ca href=\"https://www.kqed.org/podcasts/soldout\">find that series here\u003c/a> and read about why \u003ca href=\"https://www.kqed.org/science/1984697/why-kqed-focused-a-season-of-its-housing-podcast-on-climate-change#:~:text=Sold%20Out%20Is%20Back%20With%20Season%203&text=Host%20Erin%20Baldassari%20leads%20a,an%20affordable%20place%20to%20live.\">KQED chose to focus a season of its housing podcast on climate change\u003c/a>.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cspan class=\"utils-parseShortcode-shortcodes-__dropcapShortcode__dropcap\">W\u003c/span>\u003c/p>\u003cp>hen summer temperatures in Fresno break 100 degrees, Deana Everhart cooks. It’s a rare privilege for a woman without a kitchen or a house.\u003c/p>\n\u003cp>Marie Callender’s TV dinners are her favorite, and she puts them on the sidewalk to let the sun do an oven’s work.\u003c/p>\n\u003cp>“They will cook as if they were in a microwave,” she said on a 108-degree day in July. “In about 30 minutes, they’re hot and ready.”\u003c/p>\n\u003cp>It might be the only perk that’s come with the increasingly hellish summers plaguing her hometown.\u003c/p>\n\u003cp>At 61, Everhart has lived about 20 years cycling on and off Fresno’s streets. But as she gets older, and the \u003ca href=\"https://experience.arcgis.com/experience/bdd9567a847a4b52abd20253539143df/page/Weather-and-Climate/?views=All-Climate-Indicators%2CHeat-Waves\">heat waves become more frequent\u003c/a>, it’s harder to survive outside.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This past year has been especially challenging as \u003ca href=\"https://www.nesdis.noaa.gov/news/atmospheric-rivers-hit-west-coast\">historic winter storms\u003c/a> gave way to a blistering summer. Now, she’s bracing for yet another potentially drenching winter, thanks to El Niño.\u003c/p>\n\u003cp>Meanwhile, Everhart is caught in the middle of an ever-changing web of policies, put in place by Fresno city leaders who face pressures to reduce street homelessness while mitigating the harm unhoused residents face from deadly weather.\u003c/p>\n\u003cp>It’s a story playing out across California as our climate and housing crises collide. \u003ca href=\"https://www.hudexchange.info/programs/coc/coc-homeless-populations-and-subpopulations-reports/?filter_Year=2019&filter_Scope=State&filter_State=CA&filter_CoC=&program=CoC&group=PopSub\">The number of unsheltered people in California rose 6.5%\u003c/a> from 2019 to 2022. The increase is much steeper in Fresno, where unsheltered homelessness has spiked 48% since 2019, the vast majority of that increase during the first year of the pandemic, according to the city.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" title=\"Dangerously Hot Days Are on the Rise in Fresno\" aria-label=\"Interactive line chart\" id=\"datawrapper-chart-EbsnW\" src=\"https://datawrapper.dwcdn.net/EbsnW/6/\" scrolling=\"no\" frameborder=\"0\" style=\"border: none;\" width=\"1000\" height=\"600\" data-external=\"1\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cem>The heat index is what the temperature feels like to the human body when relative humidity is combined with the air temperature. As the heat index rises, so does the risk of heat-related illness.\u003c/em>\u003c/p>\n\u003cp>At the same time, the number of dangerously hot days in Fresno has \u003ca href=\"https://www.climatecentral.org/graphic/high-heat-index-days-2023?graphicSet=High+Heat+Index+Days&location=Fresno&lang=en\">gone up by 17 days a year\u003c/a> since 1979. The state is \u003ca href=\"https://oehha.ca.gov/climate-change/epic-2022/changes-climate/precipitation\">increasingly yo-yoing between periods of drought and heavy rain\u003c/a>, \u003ca href=\"https://blog.ucsusa.org/pablo-ortiz/climate-change-impacts-on-california-central-valley-the-warning-shot-the-us-is-ignoring/\">a trend that’s particularly pronounced in the Central Valley\u003c/a>, where bursts of heavy precipitation easily lead to flooding. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Folks experiencing homelessness are on the bleeding edge of the health crises that are happening with extremes of temperature.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Dr. Margot Kushel, director, UCSF Benioff Homelessness and Housing Initiative","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Seniors like Everhart are \u003ca href=\"https://www.cdc.gov/disasters/extremeheat/older-adults-heat.html\">especially vulnerable\u003c/a> to the elements, and \u003ca href=\"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10061143/#:~:text=The%20cumulative%20disadvantage%20experienced%20by,functional%20and%20cognitive%20impairment%2C%20incontinence\">living on the streets hastens aging\u003c/a>. Dr. Margot Kushel, director of the UCSF Benioff Homelessness and Housing Initiative, compared the physical condition of a 50-year-old living outside to that of a person two to three decades older in the general population.\u003c/p>\n\u003cp>“Folks experiencing homelessness are on the bleeding edge of the health crises that are happening with extremes of temperature,” said Kushel, the lead investigator on a \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">landmark survey\u003c/a> of houseless Californians released this year.\u003c/p>\n\u003cp>It found that people 50 years and older now represent nearly half of single adults experiencing homelessness.\u003c/p>\n\u003cp>“It’s just hard,” Everhart said. “At my age, everything combined is hard on me.”\u003c/p>\n\u003ch2>‘The most-best shade in all of Fresno’\u003c/h2>\n\u003cp>It was sometime in late spring when Everhart rolled her belongings onto a patch of dirt under an overpass near downtown Fresno. She was thinking about the oncoming heat when she chose the spot, shielded by hundreds of tons of concrete.\u003c/p>\n\u003cp>“This is the most-best shade, I bet, in all of Fresno, right here,” Everhart said.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe loading=\"lazy\" frameborder=\"0\" height=\"200\" scrolling=\"no\" src=\"https://playlist.megaphone.fm/?e=KQINC5564168870&light=true\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The camp she made there with a longtime friend, Shannon Thom, was a jumble of carts and strollers piled with dozens of bulging plastic bags, chairs in various states of disrepair, empty food containers and a molding sheet cake.\u003c/p>\n\u003cp>“Somebody gave it to us, but it’s already old,” Everhart said. “Out here, you learn to accept stuff.”\u003c/p>\n\u003cfigure id=\"attachment_11954896\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954896 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-800x533.jpg\" alt=\"A woman in a pink hat leans on a chainlink fence under a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-06-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Deana Everhart, 61, spent the hottest part of the summer sheltering under an overpass near downtown Fresno. She’s been unhoused on and off for about 20 years. “I remember how scared I was the first time sleeping by myself,” she said of her early days on the streets. Today, it’s hard for her to imagine another way of life. While she said she wants housing, the responsibility that comes with it feels daunting. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The living arrangement was chaotic but reflected their years of combined street savvy: cell phones, documents, food and clothes concealed by junky-looking bags were less likely to entice thieves. Allowing trash to build up around them was less likely to draw complaints than throwing it into the dumpster outside a nearby apartment complex.\u003c/p>\n\u003cp>Over the years, they’ve camped together and developed a system to keep each other and their things safe.\u003c/p>\n\u003cp>“We take shifts on sleeping because we have to watch the stuff 24/7,” Everhart said.\u003c/p>\n\u003cp>Her skin is tanned and freckled from years of sun, but there’s something girlish about her. She wears her long, dark hair in low pigtails. In her 20s, Everhart played guitar in an all-girl metal band called Sweet Lies — “Like sweet, but not so sweet,” she said. “We were rocker girls.”\u003c/p>\n\u003cp>She still seems to relish the spotlight, but these days, she tends to hold her hand in front of her mouth while she talks because she’s shy about her teeth. She can’t always brush them outside.\u003c/p>\n\u003cp>Everhart’s path to homelessness is entwined with her mental illness. As her obsessive-compulsive disorder became increasingly debilitating, she struggled to hold on to housing. Court records show she has been evicted twice.\u003c/p>\n\u003cp>Everhart now lives on $1,252 a month in Social Security disability benefits, plus food stamps — less than the median rent in Fresno, which spiked in recent years. Between 2017 and 2021, \u003ca href=\"https://www.latimes.com/homeless-housing/story/2021-03-31/fresno-rent-spike-taps-into-california-covid-housing-trends\">rents rose almost 40\u003c/a>%, the biggest increase of any large city in the country. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11964791","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/10/CalMatters01-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Despite her situation, she is less worried about herself than her son, Travis Everhart. He’s 39, has schizophrenia and lives on Fresno’s streets, too.\u003c/p>\n\u003cp>At the camp, she pointed out a box full of his things and the mat where he sleeps beside her when he’s not wandering the city alone.\u003c/p>\n\u003cp>The last time she and Thom, 41, shared a room, they said her son was banned from visiting because his psychosis caused him to yell out. Early last summer, after a string of hot days gave him a nasty sunburn that turned his nose the mottled blue-red of raw hamburger meat, Everhart gave up her housing to be closer to him.\u003c/p>\n\u003cp>“I thought, I’ll go to him,” she said. “I’m trying to keep my son alive.”\u003c/p>\n\u003cp>A few months later, her anxiety about his well-being reached a new level after the death of his friend, Patrick Weaver, who was also unhoused.\u003c/p>\n\u003cp>The two were close in age, shared a love of comic books and a diagnosis of schizophrenia, Everhart said, adding, “It’s hard for my son to find a good friend like that.”\u003c/p>\n\u003cp>Weaver was found dead in a parking lot, according to a city official, at the tail end of a solid month of triple-digit temperatures. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘I thought, I’ll go to him. I’m trying to keep my son alive.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deana Everhart, unhoused Fresno resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“Devastating is the only word I could think of to describe that,” Everhart said.\u003c/p>\n\u003cp>She believes heat played a role in Weaver’s death. He died four days after Fresno reached its second hottest temperature on record: 114 degrees.\u003c/p>\n\u003cp>The Fresno County Sheriff-Coroner’s Office has yet to release his death report to KQED but did confirm the official cause was an overdose. Weaver had methamphetamine and fentanyl in his system. Meth raises a person’s body temperature and contributes \u003ca href=\"https://www.latimes.com/california/story/2023-08-31/california-heat-related-deaths-climate-change-homelessness-methamphetamine\">to heat-related illness and death\u003c/a> across California. \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">Almost one-third\u003c/a> of unhoused Californians reported using it, according to the UCSF survey Kushel led.\u003c/p>\n\u003cp>Schizophrenia, which is \u003ca href=\"https://bmcpsychiatry.biomedcentral.com/articles/10.1186/s12888-019-2361-7\">vastly more common\u003c/a> among unhoused people than the general population, affects the brain’s ability to regulate body temperature and make reasoned decisions, potentially putting people at a \u003ca href=\"https://www.science.org/content/article/schizophrenia-pinpointed-key-factor-heat-deaths#:~:text=Epidemiologists%20combing%20through%20provincial%20health,increase%20compared%20with%20typical%20summers.\">higher risk of heat-related death\u003c/a>.\u003c/p>\n\u003cp>The number of unhoused people who die due to extreme weather in Fresno, and around California, is hard to know. Historically, most coroners haven’t tracked housing status. KQED public records requests to coroners and medical examiners across the state yielded few results.\u003c/p>\n\u003cp>But people experiencing homelessness are \u003ca href=\"https://bfi.uchicago.edu/wp-content/uploads/2023/03/BFI_WP_2023-41.pdf\">already far more likely to die than their housed counterparts\u003c/a>. Depending on age, studies found that \u003ca href=\"https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/2795475?guestAccessKey=7ac6269d-6dbd-4288-a405-b1ecca6e082e&utm_source=For_The_Media&utm_medium=referral&utm_campaign=ftm_links&utm_content=tfl&utm_term=082922\">death is three\u003c/a> to \u003ca href=\"https://jamanetwork.com/journals/jamainternalmedicine/fullarticle/1556797\">nine times\u003c/a> more common on the streets. And there is some evidence extreme weather worsens those odds.\u003c/p>\n\u003cp>Unhoused people made up almost \u003ca href=\"https://www.latimes.com/california/story/2023-02-19/la-me-homeless-heat-deaths#:~:text=Although%20the%20unhoused%20population%20represents,data%20from%20the%20coroner's%20office.\">half of heat-related deaths in Los Angeles County last year, though they represent less than 1% of the population\u003c/a>. In Sacramento County, the \u003ca href=\"https://www.srceh.org/_files/ugd/ee52bb_c3a8312b492b4ded8980857803c67708.pdf\">death rate among people experiencing homelessness in 2021 from hypothermia was 215.5 times higher than the county rate overall\u003c/a>.\u003c/p>\n\u003ch2>A ‘complete disaster’ or a lifesaver?\u003c/h2>\n\u003cp>Faced with the confluence of increasingly deadly weather and a growing homeless population that’s especially vulnerable to it, Fresno city leaders are being forced to respond. Last year, under pressure from advocates, they \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=11257222&GUID=51A17E03-0CE8-412D-BA38-6CB5A21A72C1\">expanded the city’s warming and cooling centers\u003c/a>, the primary resource for unhoused people during extreme weather events. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘In response to climate change, we’re having to fundamentally change the use of community centers in neighborhoods.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Fresno City Councilmember Miguel Arias","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Cooling centers now open when temperatures reach 100 degrees, instead of 105, and stay open longer.\u003c/p>\n\u003cp>The bigger change was to warming centers last winter. Because of the heavy rain, city officials \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=11534615&GUID=D8ADCBC2-BA69-4C93-B820-E5B00A3589CB\">voted to keep certain centers open\u003c/a> for more than three months straight.\u003c/p>\n\u003cp>People crowded in, filling them beyond capacity. The community centers, once home to after-school programs, services for the elderly and adult recreational activities, became de facto homeless shelters.\u003c/p>\n\u003cp>“In response to climate change, we’re having to fundamentally change the use of community centers in neighborhoods,” said City Councilmember Miguel Arias, who represents the district where Everhart and most of the city’s unhoused residents live.\u003c/p>\n\u003cp>The backlash came fast and loud.\u003c/p>\n\u003cfigure id=\"attachment_11954903\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954903 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-800x533.jpg\" alt='The doors of a large community center are seen beyond a gate with a sign reading \"cooling center.\"' width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-11-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">The Ted C. Wills Community Center in Fresno hosts a temporary reprieve during triple-digit heat. In Fresno, like in many cities, warming and cooling centers are the main resource for unhoused people in extreme weather. Changes to Fresno’s centers have generated a backlash from residents in surrounding neighborhoods. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“It was a complete disaster for our neighborhood,” said Chris Collins, who lives with his family directly next to the Ted C. Wills Community Center, one of four recreation centers that became a warming center last winter.\u003c/p>\n\u003cp>He said someone was living in a tent in the alley behind their house, and more tents lined the sidewalk around the corner. Another person dumped a stroller full of belongings in their front yard, and in the middle of the night, a man pounded on his neighbor’s door and refused to leave until the owner pulled out a gun. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It was a complete disaster for our neighborhood.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Chris Collins, resident, Fresno","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Meanwhile, staff at the center were completely overwhelmed, according to one parks department employee who declined to be identified because they aren’t authorized to speak to the media.\u003c/p>\n\u003cp>People brought alcohol and weapons into the sleeping area, used drugs in the bathroom and left huge messes, according to the staffer. They said before the community center’s preschool program was put on pause, a little girl stepped in human waste and ended up smearing it on her clothes.\u003c/p>\n\u003cp>Arias acknowledged the challenges. Almost overnight, he said, employees accustomed to running rec rooms were disinfecting cots and triaging ailments ranging from gangrene to diabetic seizures.\u003c/p>\n\u003cp>“There’s got to be a better solution,” Collins said, adding that neighbors never had a problem with the center operating as it had in the past, a few days at a time. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11956715","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/07/GettyImages-1557929497-KQED-1020x661.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But as the stretches of wild weather get longer and city leaders are forced to step in, Arias expects this kind of conflict isn’t going away.\u003c/p>\n\u003cp>“This is one of the many unintended consequences of climate change at the local level,” he said. “And residents will continue to push back on local government as we try to adjust and expand services to save lives.”\u003c/p>\n\u003cp>The changes that made Collins and his neighbors miserable made the center lifesaving for Everhart, who stayed there nearly the whole time it was open.\u003c/p>\n\u003cp>“Everybody loved it and most of the people in there were seniors,” she said.\u003c/p>\n\u003cp>In the past, she rarely used the warming centers because the sporadic schedules made them impractical and people weren’t allowed to bring their belongings inside. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Everybody loved it and most of the people in there were seniors.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deana Everhart, unhoused Fresno resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last winter, she’s not sure how she would have survived without it. “I was truly scared,” she said.\u003c/p>\n\u003cp>Managing the centers now requires a full-time city employee, and Fresno has already more than doubled what it spends on them, from $300,000 to $800,000, Arias said. By next year, he expects that will rise to $1 million annually.\u003c/p>\n\u003cp>After the controversy last winter, the city is looking for ways to minimize the impact on neighbors and center staff. The plan is to \u003ca href=\"https://www.planetbids.com/Fresno/BMfiles/20230707105523093%20PUBLIC%20NOTICE%2012400023.pdf\">turn over management to nonprofits and churches\u003c/a>, who would run the programs out of the community centers for now, and eventually find alternative facilities, Arias hopes.\u003c/p>\n\u003ch2>A painful family history\u003c/h2>\n\u003cp>Everhart once held jobs, went to community college and had an apartment and a car. There were always signs of her mental illness, but as she grew older, it progressed into a severe case of obsessive-compulsive disorder.\u003c/p>\n\u003cp>By her early 30s, she had four children, no income except what welfare programs supplied and couldn’t manage the responsibilities of parenting or maintaining a home. All of her kids ended up with their grandparents.\u003c/p>\n\u003cp>“She was not capable of raising children because of how her mental illness affected her way to function,” her daughter Carolyn Mercer, 30, wrote in an email.\u003c/p>\n\u003cp>Mercer, who was out of her mother’s care by the time she was 2 years old, described her as neglectful.\u003c/p>\n\u003cfigure id=\"attachment_11954907\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954907 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-800x533.jpg\" alt=\"A car drives up a street set below a freeway overpass.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-04-02-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">An overpass along State Route 180, near the place Deana and Shannon camped during the summer. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I know I wasn’t taking as good of care of the kids as I felt I should,” Everhart said, acknowledging she was struggling with her mental health at the time.\u003c/p>\n\u003cp>“Having OCD is like working two or three jobs — it’s mentally exhausting,” she said. “I did the best I could. I needed help.”\u003c/p>\n\u003cp>Since she became homeless, Everhart has only lived indoors for short stretches. She said she lost a room in an SRO because she spent four hours in the shower, convinced she was still covered in soap, and got kicked out of a women’s shelter because she couldn’t keep up with their schedule.\u003c/p>\n\u003cp>She and Thom said they’re on waiting lists for housing, but Everhart finds the obligations that come with being housed daunting. She was hesitant when asked if she’d take what the city might eventually be able to offer: a converted motel room.\u003c/p>\n\u003cp>“I’m not opposed to it, but if I have to be out here I’m OK,” she said, adding that she feels a sense of duty to help care for more severely incapacitated people living on the streets. “Maybe I just feel like I need to be out here to help them.”\u003c/p>\n\u003cp>It’s one responsibility, perhaps the only one, she feels equal to.\u003c/p>\n\u003cfigure id=\"attachment_11954897\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954897 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-800x533.jpg\" alt=\"A woman stands in the shade under a freeway overpass grasping the post of a street sign.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-07-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Shannon Thom, 41, has camped with Deana for the past several years. Living together allows them to sleep in shifts to keep watch over each other and their things. They take turns using the bathroom at a liquor store, or take short breaks from the heat at a nearby cooling center. Shannon grew up in Fresno, bouncing around apartments with her mother and sister. At one point, she ended up homeless with her mother on L.A.’s Skid Row, she said. After her mother and sister died, she was left without any close relatives. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In the winter, she and Thom keep extra blankets and jackets from thrift stores to hand out. She found one man’s family on Facebook and reconnected them, and when another young man wandered over to their camp confused and hungry one afternoon, Everhart was eager to help.\u003c/p>\n\u003cp>“Honey, if you wait a minute we’ll go to the store over there and get you a cup o’ noodle and we’ll heat it in the microwave and get you a little soda,” she said. “Do you want that?” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘All I see in her is a little girl that never got the love and affection she truly deserved from her parents. I wish she would see the little girl in me that needed that same love, but she never will.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Carolyn Mercer, 30, daughter of Deana Everhart","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>She finds purpose in caring for people on the streets, trying in her way to “mother” them — most of all, her own son.\u003c/p>\n\u003cp>But Everhart’s daughter said she never benefited from this tenderness.\u003c/p>\n\u003cp>“I finally came to the realization that I will never get the mother I always wanted and needed,” she said. Mercer is no longer in contact with her mother.\u003c/p>\n\u003cp>She’s come to understand the pain her mother caused her as a legacy of Everhart’s own abuse and neglect.\u003c/p>\n\u003cp>“All I see in her is a little girl that never got the love and affection she truly deserved from her parents,” she said, speculating that this played a role in the development of Everhart’s mental illness. “I wish she would see the little girl in me that needed that same love, but she never will.”\u003c/p>\n\u003cp>Still, Mercer can’t help but worry about her mother, aging on the streets.\u003c/p>\n\u003cp>“It always keeps me up at night when I’m able to keep warm in my home with a heater in the winter or be comfortable with AC in the summer,” she said. “I always feel a sense of guilt that I never know if she’s ‘comfortable’ and safe from the elements outdoors while I’m able to live comfortably.”\u003c/p>\n\u003ch2>Business as usual\u003c/h2>\n\u003cp>Early this past summer, even as Fresno was expanding cooling centers, city leaders were taking aim at unhoused residents with a \u003ca href=\"https://fresno.legistar.com/View.ashx?M=F&ID=12032871&GUID=50F7141B-5564-4058-A28C-71BC9843868A\">new law restricting access to any place designated a “sensitive area.\u003c/a>” \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Where can we go? I’m 61 years old. You want me to roll my stuff in the 110-degree [heat] and die?’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deana Everhart, unhoused Fresno resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Among the many sites listed as possible targets are overpasses, underpasses and bridges — places where Everhart often finds refuge from heat and rain.\u003c/p>\n\u003cp>Everhart and Thom fretted about where they would go to avoid the new law.\u003c/p>\n\u003cp>“We can’t be under here. We thought they were bad — they went from bad to worse,” Everhart said, referring to the city’s Homeless Assistance Response Team. “We’re very scared now.”\u003c/p>\n\u003cfigure id=\"attachment_11954898\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954898 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-800x533.jpg\" alt=\"A man in a light pink button down shirt stands in front of large brown doors.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-14-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Fresno City Councilmember Miguel Arias outside the entrance to the cooling center at the Ted C Wills community center. He and other city officials are facing pressure from homeowners and businesses to clean up homelessness while advocates simultaneously demand urgent action to protect unhoused people from increasingly extreme weather. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before they could figure out a plan, the Response Team showed up — a visit that had nothing to do with the new law, as far as Everhart could tell. It was just business as usual.\u003c/p>\n\u003cp>It was forecast to hit 110 degrees in Fresno that day, and the National Weather Service was \u003ca href=\"https://x.com/NWSHanford/status/1680213678715723776?s=20\">warning of a “major to extreme risk” for heat-related illnesses\u003c/a>, especially for people with no escape from the elements. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s as though the city council looked for places where people go, where they can find shelter, and singled out those places. Ordinances that essentially require people to constantly be moving and prohibit them from having any fixed place to be just puts tremendous stress on them.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"William Freeman, attorney, ACLU","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Undeterred, city workers cleared the trash surrounding the camp, then told Everhart and Thom to leave the area.\u003c/p>\n\u003cp>“You know, it’s real hot,” Everhart recalled telling one of the police officers with the team that responds to complaints about encampments. “Where can we go? I’m 61 years old. You want me to roll my stuff in the 110-degree [heat] and die?”\u003c/p>\n\u003cp>Sweeps like this one have become routine, but advocates worry the new law, with its heightened restrictions, will make them even more frequent. Fresno city leaders approved the plan despite warnings that the consequences could be dire.\u003c/p>\n\u003cp>“It’s as though the city council looked for places where people go, where they can find shelter, and singled out those places,” said ACLU attorney William Freeman, who \u003ca href=\"https://www.fresnobee.com/news/local/article276239381.html\">urged the city council not to pass the plan\u003c/a>, arguing it violates the constitutions of the United States and California. “Ordinances that essentially require people to constantly be moving and prohibit them from having any fixed place to be just puts tremendous stress on them.”\u003c/p>\n\u003cp>Arias, one of the council members who put the new rule forward, said it was about ensuring unhoused people and their things don’t block public rights of way, a goal another official chalked up to an attempt to avoid a lawsuit similar to the one \u003ca href=\"https://www.sacbee.com/news/local/article272274053.html\">Sacramento is facing\u003c/a> from residents with disabilities who say homeless camps have taken over sidewalks, making it impossible for them to get around the city.\u003c/p>\n\u003cp>And, Arias said, clearing encampments is a public health requirement.\u003c/p>\n\u003cfigure id=\"attachment_11954904\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11954904\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-800x533.jpg\" alt=\"A hand holds two bottles of cold water.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/230701-FRESNO-UNHOUSED-HEAT-MHN-17-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Nas, an unhoused man in the Tower District in Fresno, holds cold water bottles given to him by\u003cbr>local advocates with the Fresno Homeless Union, Bob and Linda McCloskey, on July 1, 2023. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“When you have the amount of feces, the amount of drug paraphernalia, the amount of rotting food, all in one location, you get outbreaks of disease,” he said. “That’s why we have to respond.”\u003c/p>\n\u003cp>After city workers left, Everhart and Thom set up their camp again — this time, about 200 feet from where they’d been, still under the same overpass. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Everything we do, everything, revolves around them — trying to evade them.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deana Everhart, unhoused Fresno resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The city formed the response team last year, \u003ca href=\"https://www.fresnobee.com/news/local/article257698758.html\">pitching it as a more compassionate alternative\u003c/a> to the police department’s former homeless task force. The team includes outreach workers from a local nonprofit, staff from the code enforcement department and police officers. The city rolled it out along with a new 311 line to field complaints about unhoused people.\u003c/p>\n\u003cp>“Everything we do, everything, revolves around them — trying to evade them,” Everhart said.\u003c/p>\n\u003cp>She and Thom said the team has thrown away nearly all their possessions several times, a mental and financial blow that can be especially grave in extreme weather. They’ve lost things they need to survive in the heat and the cold, like blankets, clothes, food and water. By Everhart’s count, the response team has shuffled them around the city seven times in less than a year.\u003c/p>\n\u003cp>Activists here have tried — without success — to get the city to stop sweeps during extreme weather. This past summer, the Sacramento Homeless Union won a \u003ca href=\"https://www.sacbee.com/news/local/article277931013.html\" target=\"_blank\" rel=\"noopener\">temporary injunction\u003c/a> banning the city from cleaning encampments during a heat wave, a case Everhart followed closely when she could charge her phone. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Stories on Housing ","tag":"housing"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Advocates are pushing for sanctioned encampments where people can set up tents or RVs with the city’s permission and tiny home villages with air conditioning. Everhart has helped them lobby for dumpsters and porta-potties to solve some of the sanitation concerns about camps. Long term, they are fighting for rent control and more affordable housing.\u003c/p>\n\u003cp>Since 2019, Fresno has spent over $100 million to address homelessness, more than 90% of it on housing, according to the city. It’s permanently housed nearly 1,900 people while sheltering or temporarily putting up more than 3,000.\u003c/p>\n\u003cp>But the city estimates there are still 1,700 people living on its streets. “And that’s because the unhoused numbers continue to grow,” Arias said.\u003c/p>\n\u003ch2>A welcome ‘vacation’\u003c/h2>\n\u003cp>In early September, an infected spider bite sent Everhart to the hospital.\u003c/p>\n\u003cp>She suspects a black widow because she spotted one near where she was sleeping. She had surgery to remove the necrotic flesh on her thumb, and the doctor put in a drain she described as a McDonald’s straw.\u003c/p>\n\u003cp>“My thumb looks like the zombie apocalypse,” she joked from her hospital bed. “I am not exaggerating either. It looks terrible.”\u003c/p>\n\u003cp>A couple of weeks earlier, her son, Travis Everhart, went to jail for property damage and resisting arrest. Everhart’s understanding is that he threw some rocks at a car, “because the car was loud,” she said. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It’s been nice, I’ll tell you that. They bring your food, you lay in this comfortable bed that has lots of pillows.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Deana Everhart, unhoused Fresno resident","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>She’s glad he’s set to be released in November, but in a way, she’s relieved he’s in jail. At least she knows where he is and that he has food and shelter.\u003c/p>\n\u003cp>Amid of all this, the hospital, with its air conditioning and bed, is almost a welcome vacation.\u003c/p>\n\u003cp>“It’s been nice, I’ll tell you that,” she said. “They bring your food, you lay in this comfortable bed that has lots of pillows.”\u003c/p>\n\u003cp>She met with a social worker there, but when she explained she was already on a waiting list for housing, Everhart said the woman told her there wasn’t much else to do but wait.\u003c/p>\n\u003cp>When she gets released from the hospital, the plan is to have Thom help her tie a plastic bag around her bandaged hand to keep out the dirt. Their camp is alongside a different stretch of freeway now, where they’ll wait for her son to get out of jail. There, under a tarp and umbrella, they’ll try to shelter from the waning heat and the coming rains.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11965063/unhoused-californians-are-living-on-the-bleeding-edge-of-climate-change","authors":["11276"],"categories":["news_6266","news_8","news_30302"],"tags":["news_18538","news_27080","news_27626","news_37","news_21216","news_21214","news_4020","news_1775","news_2109","news_95","news_28541","news_33409","news_28527","news_29607","news_30602","news_31793"],"featImg":"news_11954906","label":"news"},"news_11962388":{"type":"posts","id":"news_11962388","meta":{"index":"posts_1591205157","site":"news","id":"11962388","score":null,"sort":[1695680896000]},"guestAuthors":[],"slug":"san-francisco-will-enforce-sit-lie-laws-when-people-refuse-shelter","title":"San Francisco Will Enforce Sit-Lie Laws When People Refuse Shelter","publishDate":1695680896,"format":"standard","headTitle":"San Francisco Will Enforce Sit-Lie Laws When People Refuse Shelter | KQED","labelTerm":{"site":"news"},"content":"\u003cp>San Francisco will continue clearing tents from sidewalks and enforce the city’s sit-lie laws when people refuse offers of shelter, Mayor London Breed declared Monday.\u003c/p>\n\u003cp>Breed’s announcement follows recent \u003ca href=\"https://www.kqed.org/news/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps\">guidance from the Ninth Circuit Court of Appeals\u003c/a> on a \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">lawsuit started in September 2022\u003c/a>, when the Coalition on Homelessness sued the city of San Francisco for violating its own ordinances around clearing homeless encampments.\u003c/p>\n\u003cp>In December 2022, U.S. Magistrate Judge Donna Ryu ordered an injunction to prevent the city from enforcing sit-lie laws if no shelter is offered.\u003c/p>\n\u003cp>“For this entire year, a federal injunction has limited the city from enforcing certain laws against those who refuse shelter on our streets,” Breed tweeted on Monday. “The good news: a recent clarification from the court now sets a path forward for us.”\u003c/p>\n\u003cp>The mayor underscored that city workers will receive updated training on how to clear sidewalks and engage with unhoused people in a way that complies with the temporary injunction barring the city from forcefully moving someone living on the street without first offering them a genuine shelter option.\u003c/p>\n\u003cp>Last month, Judge Ryu ordered the city to do exactly that, while \u003ca href=\"https://www.kqed.org/news/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps\">the city’s appeal against the overall injunction is under review\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Our city workers have been doing the best job they can in carrying out encampment resolutions under the injunction, and they are now getting prepared to enforce these laws in light of this recent clarification by the Ninth Circuit,” \u003ca href=\"https://twitter.com/LondonBreed/status/1706354197409698280?s=20\">Breed wrote on Monday on X\u003c/a>, the social media website formerly known as Twitter. “This preparation is necessary so our workers understand what has changed, but also because the plaintiffs in this case will still be out interfering with their work. Filming them. Trying to tell our workers what they can and cannot do.”\u003c/p>\n\u003cp>Attorneys for the Coalition on Homelessness, representing both the ACLU and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argue that the city has violated federal precedent by not providing appropriate shelter before removing unhoused people, and that the city trashed personal belongings during its sweeps.\u003c/p>\n\u003cp>“Where we continue to see political theater from the city is this assumption or at least this articulation in the press that there are mass shelter refusals,” Zal Shroff, interim legal director for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, told KQED on Monday. “That doesn’t actually pan out in the data, even remotely.”\u003c/p>\n\u003cp>The city is still thousands of temporary shelter beds and housing units short of meeting the current need. There are only about 3,500 shelter beds in San Francisco’s overloaded system, and as of Thursday, \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">nearly 400 people were on the online shelter wait list\u003c/a>.\u003c/p>\n\u003cp>Officials representing the city, including the mayor and City Attorney David Chiu, said that the lawsuit and temporary ban on sweeps when shelter is not available have thwarted the city’s ability to keep sidewalks clean and free of hazards.\u003c/p>\n\u003cp>An issue throughout the legal conflict has been whether or not the city can forcefully move people who are considered “involuntarily homeless” and what that means.\u003c/p>\n\u003cp>[aside label='Related Stories' tag='homelessness']Last month, the Ninth Circuit clarified that people who reject a valid shelter offering cannot be considered involuntarily homeless and, therefore, the city can enforce its laws against public sleeping and camping on sidewalks and in parks, in those cases.\u003c/p>\n\u003cp>In reviewing San Francisco’s appeal, Ryu asked the city to report how it trains law enforcement and street clearing crews, and to also identify which city workers have and have not been trained on the specifics of the injunction.\u003c/p>\n\u003cp>Regardless of the injunction, the city has been able to carry out most of its street cleaning and public safety operations, and can enforce many of its laws governing street and sidewalk activity. For example, under the injunction, the city can still clear encampments for accessibility, such as in the case of an emergency or providing room for a wheelchair passage, if they give 72 hours notice. The injunction does not impact law enforcement around health and safety codes, including drug use, and the city can still clear encampments for certain health or safety reasons.\u003c/p>\n\u003cp>Gov. Gavin Newsom — formerly the mayor of San Francisco — \u003ca href=\"https://twitter.com/GavinNewsom/status/1696600790188822690\">meanwhile has also criticized the judge’s rulings\u003c/a> in San Francisco’s homelessness lawsuit, as well as similar cases and rulings that have provided the basis for Ryu’s decisions.\u003c/p>\n\u003cp>Those cases include \u003ca href=\"https://homelesslaw.org/supreme-court-martin-v-boise/\">Martin v. Boise\u003c/a> and \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/28/20-35752.pdf\">Johnson v. Grants Pass (PDF)\u003c/a>, which both have directed cities not to force unhoused residents to move unless they are offered shelter.\u003c/p>\n\u003cp>On Friday, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280288/20230922163648635_Amicus%20Brief%20for%20Governor%20Newsom%20-%20Grants%20Pass_Final.pdf\">Newsom issued an amicus brief (PDF)\u003c/a> asking the U.S. Supreme Court to review the Grants Pass, Oregon case and urging the court to give cities more freedom to clear encampments.\u003c/p>\n\u003cp>“While I agree with the basic principle that a city shouldn’t criminalize homeless individuals for sleeping outside when they have nowhere else to go within that city’s boundaries, courts continue to reach well beyond that narrow limit to block any number of reasonable efforts to protect homeless individuals and the broader public from the harms of uncontrolled encampments,” Newsom said in a press announcement. “It’s time for the courts to stop these confusing, impractical and costly rulings that only serve to worsen this humanitarian crisis.”\u003c/p>\n\u003cp>Breed \u003ca href=\"https://londonbreed.medium.com/injunction-update-our-path-forward-11b7a7ce9f14\">wrote on Monday on Medium\u003c/a> that “over the next few weeks we will be reiterating and updating [city workers’] training and making sure they understand what they can and cannot do in line with the injunction and Ninth Circuit’s recent clarification.”\u003c/p>\n\u003cp>Shroff, the plaintiffs’ attorney, said that there’s never been any dispute over the definition of involuntarily homeless, and agreed the city can enforce sit-lie laws when someone rejects an appropriate shelter option.\u003c/p>\n\u003cp>He disagreed, however, with the idea that shelter is commonly rejected. Instead, he argues that the city has continued to sweep encampments without following protocols outlined in the city’s own policies, which include to offer shelter and to “bag and tag” personal belongings rather than disposing of them.\u003c/p>\n\u003cp>“The shelter system is at capacity every single day of the year because there is such a high demand for shelter and because for decades the city has failed to meaningfully invest in affordable housing for vulnerable residents of the city during the time of a tech boom and unprecedented and skyrocketing rents,” Shroff said. “They’re clearly seeking some justification for their continuing enforcement operations.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Mayor London Breed's announcement Monday comes amid a legal conflict about whether or not the city can forcefully move people who are 'involuntarily homeless,' and what that means.","status":"publish","parent":0,"modified":1695753071,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":25,"wordCount":1136},"headData":{"title":"San Francisco Will Enforce Sit-Lie Laws When People Refuse Shelter | KQED","description":"Mayor London Breed's announcement Monday comes amid a legal conflict about whether or not the city can forcefully move people who are 'involuntarily homeless,' and what that means.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"San Francisco Will Enforce Sit-Lie Laws When People Refuse Shelter","datePublished":"2023-09-25T22:28:16.000Z","dateModified":"2023-09-26T18:31:11.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11962388/san-francisco-will-enforce-sit-lie-laws-when-people-refuse-shelter","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco will continue clearing tents from sidewalks and enforce the city’s sit-lie laws when people refuse offers of shelter, Mayor London Breed declared Monday.\u003c/p>\n\u003cp>Breed’s announcement follows recent \u003ca href=\"https://www.kqed.org/news/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps\">guidance from the Ninth Circuit Court of Appeals\u003c/a> on a \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">lawsuit started in September 2022\u003c/a>, when the Coalition on Homelessness sued the city of San Francisco for violating its own ordinances around clearing homeless encampments.\u003c/p>\n\u003cp>In December 2022, U.S. Magistrate Judge Donna Ryu ordered an injunction to prevent the city from enforcing sit-lie laws if no shelter is offered.\u003c/p>\n\u003cp>“For this entire year, a federal injunction has limited the city from enforcing certain laws against those who refuse shelter on our streets,” Breed tweeted on Monday. “The good news: a recent clarification from the court now sets a path forward for us.”\u003c/p>\n\u003cp>The mayor underscored that city workers will receive updated training on how to clear sidewalks and engage with unhoused people in a way that complies with the temporary injunction barring the city from forcefully moving someone living on the street without first offering them a genuine shelter option.\u003c/p>\n\u003cp>Last month, Judge Ryu ordered the city to do exactly that, while \u003ca href=\"https://www.kqed.org/news/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps\">the city’s appeal against the overall injunction is under review\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Our city workers have been doing the best job they can in carrying out encampment resolutions under the injunction, and they are now getting prepared to enforce these laws in light of this recent clarification by the Ninth Circuit,” \u003ca href=\"https://twitter.com/LondonBreed/status/1706354197409698280?s=20\">Breed wrote on Monday on X\u003c/a>, the social media website formerly known as Twitter. “This preparation is necessary so our workers understand what has changed, but also because the plaintiffs in this case will still be out interfering with their work. Filming them. Trying to tell our workers what they can and cannot do.”\u003c/p>\n\u003cp>Attorneys for the Coalition on Homelessness, representing both the ACLU and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, argue that the city has violated federal precedent by not providing appropriate shelter before removing unhoused people, and that the city trashed personal belongings during its sweeps.\u003c/p>\n\u003cp>“Where we continue to see political theater from the city is this assumption or at least this articulation in the press that there are mass shelter refusals,” Zal Shroff, interim legal director for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, told KQED on Monday. “That doesn’t actually pan out in the data, even remotely.”\u003c/p>\n\u003cp>The city is still thousands of temporary shelter beds and housing units short of meeting the current need. There are only about 3,500 shelter beds in San Francisco’s overloaded system, and as of Thursday, \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">nearly 400 people were on the online shelter wait list\u003c/a>.\u003c/p>\n\u003cp>Officials representing the city, including the mayor and City Attorney David Chiu, said that the lawsuit and temporary ban on sweeps when shelter is not available have thwarted the city’s ability to keep sidewalks clean and free of hazards.\u003c/p>\n\u003cp>An issue throughout the legal conflict has been whether or not the city can forcefully move people who are considered “involuntarily homeless” and what that means.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"homelessness"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Last month, the Ninth Circuit clarified that people who reject a valid shelter offering cannot be considered involuntarily homeless and, therefore, the city can enforce its laws against public sleeping and camping on sidewalks and in parks, in those cases.\u003c/p>\n\u003cp>In reviewing San Francisco’s appeal, Ryu asked the city to report how it trains law enforcement and street clearing crews, and to also identify which city workers have and have not been trained on the specifics of the injunction.\u003c/p>\n\u003cp>Regardless of the injunction, the city has been able to carry out most of its street cleaning and public safety operations, and can enforce many of its laws governing street and sidewalk activity. For example, under the injunction, the city can still clear encampments for accessibility, such as in the case of an emergency or providing room for a wheelchair passage, if they give 72 hours notice. The injunction does not impact law enforcement around health and safety codes, including drug use, and the city can still clear encampments for certain health or safety reasons.\u003c/p>\n\u003cp>Gov. Gavin Newsom — formerly the mayor of San Francisco — \u003ca href=\"https://twitter.com/GavinNewsom/status/1696600790188822690\">meanwhile has also criticized the judge’s rulings\u003c/a> in San Francisco’s homelessness lawsuit, as well as similar cases and rulings that have provided the basis for Ryu’s decisions.\u003c/p>\n\u003cp>Those cases include \u003ca href=\"https://homelesslaw.org/supreme-court-martin-v-boise/\">Martin v. Boise\u003c/a> and \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2022/09/28/20-35752.pdf\">Johnson v. Grants Pass (PDF)\u003c/a>, which both have directed cities not to force unhoused residents to move unless they are offered shelter.\u003c/p>\n\u003cp>On Friday, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/280288/20230922163648635_Amicus%20Brief%20for%20Governor%20Newsom%20-%20Grants%20Pass_Final.pdf\">Newsom issued an amicus brief (PDF)\u003c/a> asking the U.S. Supreme Court to review the Grants Pass, Oregon case and urging the court to give cities more freedom to clear encampments.\u003c/p>\n\u003cp>“While I agree with the basic principle that a city shouldn’t criminalize homeless individuals for sleeping outside when they have nowhere else to go within that city’s boundaries, courts continue to reach well beyond that narrow limit to block any number of reasonable efforts to protect homeless individuals and the broader public from the harms of uncontrolled encampments,” Newsom said in a press announcement. “It’s time for the courts to stop these confusing, impractical and costly rulings that only serve to worsen this humanitarian crisis.”\u003c/p>\n\u003cp>Breed \u003ca href=\"https://londonbreed.medium.com/injunction-update-our-path-forward-11b7a7ce9f14\">wrote on Monday on Medium\u003c/a> that “over the next few weeks we will be reiterating and updating [city workers’] training and making sure they understand what they can and cannot do in line with the injunction and Ninth Circuit’s recent clarification.”\u003c/p>\n\u003cp>Shroff, the plaintiffs’ attorney, said that there’s never been any dispute over the definition of involuntarily homeless, and agreed the city can enforce sit-lie laws when someone rejects an appropriate shelter option.\u003c/p>\n\u003cp>He disagreed, however, with the idea that shelter is commonly rejected. Instead, he argues that the city has continued to sweep encampments without following protocols outlined in the city’s own policies, which include to offer shelter and to “bag and tag” personal belongings rather than disposing of them.\u003c/p>\n\u003cp>“The shelter system is at capacity every single day of the year because there is such a high demand for shelter and because for decades the city has failed to meaningfully invest in affordable housing for vulnerable residents of the city during the time of a tech boom and unprecedented and skyrocketing rents,” Shroff said. “They’re clearly seeking some justification for their continuing enforcement operations.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11962388/san-francisco-will-enforce-sit-lie-laws-when-people-refuse-shelter","authors":["11840"],"categories":["news_6266","news_8"],"tags":["news_31693","news_33088","news_27626","news_21214","news_4020","news_1775","news_6931","news_17968","news_38","news_29607","news_30602","news_31793"],"featImg":"news_11962415","label":"news"},"news_11961802":{"type":"posts","id":"news_11961802","meta":{"index":"posts_1591205157","site":"news","id":"11961802","score":null,"sort":[1695167892000]},"guestAuthors":[],"slug":"sacramento-da-sues-city-over-failure-to-sweep-homeless-encampments","title":"Sacramento DA Sues City Over Failure to Sweep Homeless Encampments","publishDate":1695167892,"format":"standard","headTitle":"Sacramento DA Sues City Over Failure to Sweep Homeless Encampments | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Sacramento’s top prosecutor is suing the city’s leaders over failure to clean up homeless encampments, escalating a monthslong dispute with leaders in the state capital.\u003c/p>\n\u003cp>County District Attorney Thien Ho announced the lawsuit Tuesday during a news conference in Sacramento, noting the homeless population in the city has jumped 250% in the last seven years. A group of residents and business owners also filed a companion lawsuit against the city.\u003c/p>\n\u003cp>Ho said his office had asked the city to enforce local laws around sidewalk obstruction and to create additional professionally operated camping sites, but that the city did not.\u003c/p>\n\u003cp>Ho said the city is seeing a “collapse into chaos” and an “erosion of everyday life.” Courthouse workers have been harassed and assaulted downtown, and residents and businesses have to deal with drug users and property break-ins, while calls for help to city officials went unanswered, the lawsuit said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It’s not compassionate to allow unsafe conditions to fester so badly that a 14-year-old boy cannot ride his bike to school or a group of little girls can’t play soccer on a field littered with needles,” the lawsuit said. “It’s not compassionate when someone in a wheelchair cannot use a sidewalk blocked by tents or a small business is forced to close forever due to repeated broken windows and vandalism.”\u003c/p>\n\u003cp>Sacramento County had nearly 9,300 homeless people in 2022, based on data from the annual Point-in-Time count. That was up 67% from 2019. Roughly three-quarters of the county’s homeless population is unsheltered, and the majority of that group is living on Sacramento streets.\u003c/p>\n\u003cp>Homeless tent encampments have grown visibly in cities across the U.S. but especially in California, which is home to \u003ca href=\"https://apnews.com/article/homeless-california-study-poverty-high-rent-a2a4bfc9b386cb70fdd14d593f31b68c\">nearly one-third of unhoused people\u003c/a> in the country. [pullquote size=\"medium\" align=\"right\" citation=\"Sacramento Mayor Darrell Steinberg\"]‘The city needs real partnership from the region’s leaders, not politics and lawsuits.’[/pullquote] Ho \u003ca href=\"https://apnews.com/article/homelessness-sacramento-district-attorney-mayor-lawsuit-b01d68283afea8a3010fc959180a5a5f\">had threatened in August\u003c/a> to file charges against city officials if they didn’t implement changes within 30 days. In a letter to the city, Ho demanded that Sacramento implement a daytime camping ban where homeless people have to put their belongings in storage between 6 a.m. and 9 p.m.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinberg said Ho was politicizing the issue. The city has added 1,200 emergency shelter beds, passed ordinances to protect sidewalks and schools and has created more affordable housing, Steinberg said in a statement.\u003c/p>\n\u003cp>The city is trying to avoid “the futile trap of just moving people endlessly from one block to the next,” Steinberg said. People’s frustrations are “absolutely justified” but Ho’s actions are a “performative distraction,” he said.\u003c/p>\n\u003cp>“The city needs real partnership from the region’s leaders, not politics and lawsuits,” he said.\u003c/p>\n\u003cp>City Attorney Susana Alcala Wood’s office has also repeatedly urged Ho to work with the city to address the issue, she said.\u003c/p>\n\u003cp>“It sadly appears the DA would rather point fingers and cast blame than partner to achieve meaningful solutions for our community,” Alcala Wood said in a statement.\u003c/p>\n\u003cp>Ho, elected in 2022 after vowing on the campaign trail to address the city’s homelessness crisis, said he’s asked the city to share real-time data about available shelter beds with law enforcement.\u003c/p>\n\u003cp>“This is a rare opportunity — a rare opportunity — for us to effectuate meaningful, efficient means of getting the critically, chronically unhoused off the streets,” Ho said.\u003c/p>\n\u003cp>Ho said he supports a variety of solutions including enforcing laws and establishing new programs to provide services to people facing addiction or mental health issues. He said he supports a \u003ca href=\"https://apnews.com/article/mental-health-reform-investment-ballot-measure-eaed6702d5dd8e9a7d611029fdb0667c\">statewide bond measure\u003c/a> that would go toward building more treatment facilities. Voters will weigh in on that measure next year.\u003c/p>\n\u003cp>The dispute between the district attorney and the city was further complicated by a lawsuit filed by a homeless advocacy group earlier this year that resulted in an order from a federal judge \u003ca href=\"https://apnews.com/article/heat-wave-homeless-sweeps-judge-order-58173a538f07b113557bf89ed8017309\">temporarily banning the city from clearing homeless encampments\u003c/a> during extreme heat. That order is now lifted but the group wants to see it extended.\u003c/p>\n\u003cp>The attorney for the homeless coalition also filed a complaint with the state bar this month, saying Ho abused his power by pushing the city to clear encampments when the order was in place. [aside label='More Stories on California’s Unhoused Community' tag='homelessness'] Ho’s news conference included testimony from residents who say the city is not providing resources to deal with homelessness. Emily Webb said people living in an encampment near her home have trespassed on her property, blocked her driveway and threatened her family, but city officials have done little to clear the camp.\u003c/p>\n\u003cp>“We’re losing sleep and exhausted from this stress,” she said Tuesday. “We are beyond frustrated and no longer feel comfortable or safe in our home.”\u003c/p>\n\u003cp>Critics have said encampments are unsanitary and lawless, and block children, older residents and disabled people from using public space such as sidewalks. They say allowing people to deteriorate outdoors is neither humane nor compassionate.\u003c/p>\n\u003cp>But advocates for homeless people say they can’t alleviate the crisis without more investment in affordable housing and services, and that camping bans and encampment sweeps unnecessarily traumatize homeless people.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Sacramento District Attorney Thien Ho announced the lawsuit Tuesday during a news conference in Sacramento.","status":"publish","parent":0,"modified":1695167892,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":936},"headData":{"title":"Sacramento DA Sues City Over Failure to Sweep Homeless Encampments | KQED","description":"Sacramento District Attorney Thien Ho announced the lawsuit Tuesday during a news conference in Sacramento.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Sacramento DA Sues City Over Failure to Sweep Homeless Encampments","datePublished":"2023-09-19T23:58:12.000Z","dateModified":"2023-09-19T23:58:12.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://twitter.com/nguyenntrann\">Trân Nguyễn\u003c/a>\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11961802/sacramento-da-sues-city-over-failure-to-sweep-homeless-encampments","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Sacramento’s top prosecutor is suing the city’s leaders over failure to clean up homeless encampments, escalating a monthslong dispute with leaders in the state capital.\u003c/p>\n\u003cp>County District Attorney Thien Ho announced the lawsuit Tuesday during a news conference in Sacramento, noting the homeless population in the city has jumped 250% in the last seven years. A group of residents and business owners also filed a companion lawsuit against the city.\u003c/p>\n\u003cp>Ho said his office had asked the city to enforce local laws around sidewalk obstruction and to create additional professionally operated camping sites, but that the city did not.\u003c/p>\n\u003cp>Ho said the city is seeing a “collapse into chaos” and an “erosion of everyday life.” Courthouse workers have been harassed and assaulted downtown, and residents and businesses have to deal with drug users and property break-ins, while calls for help to city officials went unanswered, the lawsuit said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It’s not compassionate to allow unsafe conditions to fester so badly that a 14-year-old boy cannot ride his bike to school or a group of little girls can’t play soccer on a field littered with needles,” the lawsuit said. “It’s not compassionate when someone in a wheelchair cannot use a sidewalk blocked by tents or a small business is forced to close forever due to repeated broken windows and vandalism.”\u003c/p>\n\u003cp>Sacramento County had nearly 9,300 homeless people in 2022, based on data from the annual Point-in-Time count. That was up 67% from 2019. Roughly three-quarters of the county’s homeless population is unsheltered, and the majority of that group is living on Sacramento streets.\u003c/p>\n\u003cp>Homeless tent encampments have grown visibly in cities across the U.S. but especially in California, which is home to \u003ca href=\"https://apnews.com/article/homeless-california-study-poverty-high-rent-a2a4bfc9b386cb70fdd14d593f31b68c\">nearly one-third of unhoused people\u003c/a> in the country. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘The city needs real partnership from the region’s leaders, not politics and lawsuits.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Sacramento Mayor Darrell Steinberg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> Ho \u003ca href=\"https://apnews.com/article/homelessness-sacramento-district-attorney-mayor-lawsuit-b01d68283afea8a3010fc959180a5a5f\">had threatened in August\u003c/a> to file charges against city officials if they didn’t implement changes within 30 days. In a letter to the city, Ho demanded that Sacramento implement a daytime camping ban where homeless people have to put their belongings in storage between 6 a.m. and 9 p.m.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinberg said Ho was politicizing the issue. The city has added 1,200 emergency shelter beds, passed ordinances to protect sidewalks and schools and has created more affordable housing, Steinberg said in a statement.\u003c/p>\n\u003cp>The city is trying to avoid “the futile trap of just moving people endlessly from one block to the next,” Steinberg said. People’s frustrations are “absolutely justified” but Ho’s actions are a “performative distraction,” he said.\u003c/p>\n\u003cp>“The city needs real partnership from the region’s leaders, not politics and lawsuits,” he said.\u003c/p>\n\u003cp>City Attorney Susana Alcala Wood’s office has also repeatedly urged Ho to work with the city to address the issue, she said.\u003c/p>\n\u003cp>“It sadly appears the DA would rather point fingers and cast blame than partner to achieve meaningful solutions for our community,” Alcala Wood said in a statement.\u003c/p>\n\u003cp>Ho, elected in 2022 after vowing on the campaign trail to address the city’s homelessness crisis, said he’s asked the city to share real-time data about available shelter beds with law enforcement.\u003c/p>\n\u003cp>“This is a rare opportunity — a rare opportunity — for us to effectuate meaningful, efficient means of getting the critically, chronically unhoused off the streets,” Ho said.\u003c/p>\n\u003cp>Ho said he supports a variety of solutions including enforcing laws and establishing new programs to provide services to people facing addiction or mental health issues. He said he supports a \u003ca href=\"https://apnews.com/article/mental-health-reform-investment-ballot-measure-eaed6702d5dd8e9a7d611029fdb0667c\">statewide bond measure\u003c/a> that would go toward building more treatment facilities. Voters will weigh in on that measure next year.\u003c/p>\n\u003cp>The dispute between the district attorney and the city was further complicated by a lawsuit filed by a homeless advocacy group earlier this year that resulted in an order from a federal judge \u003ca href=\"https://apnews.com/article/heat-wave-homeless-sweeps-judge-order-58173a538f07b113557bf89ed8017309\">temporarily banning the city from clearing homeless encampments\u003c/a> during extreme heat. That order is now lifted but the group wants to see it extended.\u003c/p>\n\u003cp>The attorney for the homeless coalition also filed a complaint with the state bar this month, saying Ho abused his power by pushing the city to clear encampments when the order was in place. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Stories on Californias Unhoused Community ","tag":"homelessness"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> Ho’s news conference included testimony from residents who say the city is not providing resources to deal with homelessness. Emily Webb said people living in an encampment near her home have trespassed on her property, blocked her driveway and threatened her family, but city officials have done little to clear the camp.\u003c/p>\n\u003cp>“We’re losing sleep and exhausted from this stress,” she said Tuesday. “We are beyond frustrated and no longer feel comfortable or safe in our home.”\u003c/p>\n\u003cp>Critics have said encampments are unsanitary and lawless, and block children, older residents and disabled people from using public space such as sidewalks. They say allowing people to deteriorate outdoors is neither humane nor compassionate.\u003c/p>\n\u003cp>But advocates for homeless people say they can’t alleviate the crisis without more investment in affordable housing and services, and that camping bans and encampment sweeps unnecessarily traumatize homeless people.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11961802/sacramento-da-sues-city-over-failure-to-sweep-homeless-encampments","authors":["byline_news_11961802"],"categories":["news_31795","news_8"],"tags":["news_18538","news_596","news_21214","news_4020","news_1775","news_95","news_33220","news_33221"],"featImg":"news_11961810","label":"news"},"news_11960819":{"type":"posts","id":"news_11960819","meta":{"index":"posts_1591205157","site":"news","id":"11960819","score":null,"sort":[1694548467000]},"guestAuthors":[],"slug":"to-sweep-homeless-camps-california-cities-have-to-offer-shelter-but-what-that-means-is-debatable","title":"To Sweep Homeless Camps, California Cities Have to Offer Shelter. But What That Means Is Debatable","publishDate":1694548467,"format":"standard","headTitle":"To Sweep Homeless Camps, California Cities Have to Offer Shelter. But What That Means Is Debatable | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>Cities in the West can’t legally clear encampments unless they can provide adequate alternative shelter to the camp residents. But what, precisely, constitutes “adequate shelter?”\u003c/p>\n\u003cp>Is it one cot among dozens in a congregate shelter? A top bunk for an elderly person? An individual tiny home? A strip of asphalt, without electricity or water, where rows of people can set up their tents?\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Shawn Takeuchi, San Diego Police Captain\"]‘We cannot enforce our way through homelessness; it’s not the proper way to address homelessness.’[/pullquote]The definition is at the heart of debates raging across California in the five years since a federal appeals court ruled that it’s cruel and unusual punishment to evict homeless people from public spaces when they have no other options. The 2018 \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf\">decision on that Boise, Idaho case (PDF)\u003c/a> by the 9th U.S. Circuit Court of Appeals, binding on states in the West, did not require cities to set up enough shelter beds for their entire homeless population, but said it would be unconstitutional to criminally penalize people camping in public when they lack “access to adequate temporary shelter.”\u003c/p>\n\u003cp>Last week a three-judge panel of that same court took another crack at the issue — this time declining to lift a temporary order that has, for nine months, halted San Francisco officials from sweeping the city’s homeless camps.\u003c/p>\n\u003cp>The most recent order gave San Francisco officials confirmation that the city can sweep sites and cite residents who are “voluntarily” homeless: those refusing legitimate, adequate shelter offers. Officials said they haven’t yet decided whether to do that.\u003c/p>\n\u003cfigure id=\"attachment_11960830\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-800x533.jpg\" alt=\"An aerial view of a housing site.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An aerial view of Chico’s emergency non-congregate housing site. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California cities have been itching to get around the technical bounds of the Idaho ruling as constituents with homes complain about encampments in public spaces, citing public health and other concerns. Many local governments say they can ban encampments and that they have the alternative shelter options to enforce it.\u003c/p>\n\u003cp>Calling it a necessary form of tough love, they’re cracking down on public camps, pairing an offer of shelter — or a stern prodding toward it — with the threat of arrest or fine. San Diego in late July began enforcing a ban on camps in most public places during the day; other cities that have recently passed camping restrictions include Sacramento, San Rafael and Culver City.\u003c/p>\n\u003cp>Some say the carrot-and-stick approach is too weak a response to flagrant public health and safety concerns on the streets. Others say it’s an infringement on the rights of unhoused people who, if they refuse shelter because of personal circumstances, will get shuffled around town, lose belongings and contact with social workers, or be pushed to more remote or dangerous places to sleep.\u003c/p>\n\u003cp>In San Francisco, both advocates for the homeless and the city claimed the latest court decision supported their side.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We are pleased that the 9th Circuit agreed with the City that the preliminary injunction does not apply to those who refuse shelter or those who have a shelter bed and choose to maintain a tent on the street,” City Attorney David Chiu said in a statement.\u003c/p>\n\u003cp>An attorney for the plaintiffs, a group of unsheltered San Franciscans and the nonprofit Coalition on Homelessness, said that was always the case — but with shelters often near capacity, the city hasn’t shown it is truly providing adequate offers to those on the streets. More than 4,000 people live unsheltered on the streets in San Francisco, while the city has \u003ca href=\"https://hsh.sfgov.org/services/the-homelessness-response-system/shelter/\">just over 3,000 beds\u003c/a>, and notes that not all unoccupied beds are immediately available for someone to be placed.\u003c/p>\n\u003cp>“The question is, are those people actually voluntarily homeless, did they actually give them a specific offer?” said Zal Shroff, interim legal director of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. “The city is representing that 4,000 people on the streets are there by choice.”\u003c/p>\n\u003ch2>New bans with new tents\u003c/h2>\n\u003cp>In San Diego, police have for more than a month been enforcing a controversial new ban on camps on most public property during the day, or when shelter is available. The July ban prohibits camping near schools or shelters and in parks regardless of whether there’s shelter available. Enforcement coincided with \u003ca href=\"https://www.sandiego.gov/homelessness-strategies-and-solutions/services/safe-sleeping-program\">a new “Safe Sleeping site”\u003c/a> near a city park as a nod to adequate shelter options.\u003c/p>\n\u003cp>Though police have also recently ramped up enforcement of an older law banning camps from blocking sidewalks, they say they haven’t yet made an arrest under the new one, instead issuing 85 warnings and four citations in August. Police say they’re employing a progressive strategy by which city staff and then police offer shelter first and issue a warning, then step up to a misdemeanor charge or even an arrest if an unhoused person continues to camp in a prohibited spot.\u003c/p>\n\u003cp>San Diego Police Capt. Shawn Takeuchi of the Neighborhood Policing Division acknowledges it’s an imperfect approach to the needs of the \u003ca href=\"https://www.rtfhsd.org/wp-content/uploads/2023-City-of-San-Diego-Region-Breakdown.pdf\">6,500 city residents (PDF)\u003c/a> who are homeless any given night this year.\u003c/p>\n\u003cp>Of those, about 2,600 were in shelter beds. Nearly 3,300 were unsheltered — more than a 30% increase from last year. There are about 1,800 city-funded \u003ca href=\"https://www.sandiego.gov/sites/default/files/hssd-comprehensive-shelter-strategy.pdf\">shelter beds in San Diego (PDF)\u003c/a> and about 600 others that are not funded by the city.\u003c/p>\n\u003cp>[aside postID=\"news_11959120,news_11950967,news_11954909\" label=\"Related Stories\"]“We cannot enforce our way through homelessness; it’s not the proper way to address homelessness,” Takeuchi said.\u003c/p>\n\u003cp>But for those who refuse a shelter placement or willingly flaunt other laws such as those against public drug use, Takeuchi said, “enough’s enough. Government intervention needs to happen.”\u003c/p>\n\u003cp>The new “safe sleeping site” — a fenced asphalt lot with 136 tents that fit up to two people each — is located in a city maintenance yard tucked into the southern edge of the storied Balboa Park. The park and areas near schools have been the city’s first enforcement targets.\u003c/p>\n\u003cp>The city-funded site offers two meals a day, showers and services to help residents with their housing search. Couples can stay together. Folks can stay indefinitely.\u003c/p>\n\u003cp>It’s a new option in a city that has historically offered only large congregate shelters, which many refuse or find unsuitable. Mayor Todd Gloria said it comes with the “expectation” that more people will choose it over living on the streets when beds are available.\u003c/p>\n\u003cp>“We have put out a tremendous amount of carrots and we do need a few sticks,” he said. “It is the expectations of taxpayers funding these efforts that folks avail themselves of it.”\u003c/p>\n\u003cp>As of last week, the site had seven tents open, a spokesperson for Gloria said. The city’s other shelters are all nearly full any given night, said Sofia Cardenas, data and compliance manager at the Alpha Project, a San Diego nonprofit that runs five other shelters.\u003c/p>\n\u003cp>Neighboring cities have \u003ca href=\"https://www.nbcsandiego.com/news/local/huge-influx-of-homeless-in-chula-vista-after-san-diegos-camping-ban-begins-nonprofit-director/3279891/\">reported increases\u003c/a> in encampments in their own borders in the wake of San Diego’s new law, and Cardenas said the nonprofit’s outreach workers are having a harder time finding clients who have scattered around the city.\u003c/p>\n\u003cp>Takeuchi acknowledged when officers approach a person with a warning or to cite them for violating the camping ban, they don’t necessarily know if there’s a placement for that person’s specific circumstances.\u003c/p>\n\u003cp>“It’s not as simple as, okay, there’s a bed available for every person we contact because there are certain beds that are not available to certain populations of folks,” he said.\u003c/p>\n\u003cp>When considering the new ordinance, the city’s attorneys \u003ca href=\"https://docs.sandiego.gov/memooflaw/MS-2023-4.pdf\">in a legal memo (PDF)\u003c/a> noted that certain shelter options would be inadequate and put the city in danger of violating the Idaho ruling — such as an offer of a top bunk for an elderly or disabled person.\u003c/p>\n\u003cp>In the first month of enforcement, Takeuchi said out of 85 warnings only three people told police they would agree to a shelter placement, though people who are interested can call the city directly and do not have to accept the offer directly from police.\u003c/p>\n\u003cp>Cardenas said the city should have increased the number and variety of shelter beds before starting the enforcement, and said existing shelter spaces, including the tent site, may still be inadequate for the elderly or those with disabilities or mental illness.\u003c/p>\n\u003cp>“Mostly we see people shuffling around,” trying to avoid police, Cardenas said. “When we’re asking them to accept sanctioned campgrounds … is that the best we can do? Accept this, or go to jail?”\u003c/p>\n\u003cp>Cities contend they’ve been increasing the options. In San Diego, Gloria said officials have another sanctioned campsite planned to open this year that will be able to accommodate up to 400, and have loosened rules on the city’s congregate shelters so that residents can bring in a pet and are not required to be sober.\u003c/p>\n\u003cp>Mirroring other California politicians on the matter, Gloria criticized activists who call the shelter offerings inadequate as an “infinitesimally small number of voices who seemingly enjoy seeing encampments on the streets.”\u003c/p>\n\u003cp>“It’s never enough for them,” he said.\u003c/p>\n\u003ch2>‘Better for who?’\u003c/h2>\n\u003cp>Even if shelter spaces are open, unhoused people sometimes opt out.\u003c/p>\n\u003cp>Under the din of the Highway 99 overpass along the edge of Sacramento’s urban core, a man emerged from his tent on a recent weekend morning and sat at a makeshift breakfast table, shaking a box of cereal.\u003c/p>\n\u003cp>The man, who would only identify himself as 53-year-old Eric D., said he’d lived at this encampment of about five tents for about a month. His last campsite was a few blocks away near a freeway exit, and highway patrol officers told him he had to leave. The officers had given him a pamphlet with information about social services and shelter; he said “most of the information, a lot of the homeless people already know.”\u003c/p>\n\u003cp>“Better for who?” he said, when asked whether he would consider a shelter placement better than the encampment. “It depends on the individual.”\u003c/p>\n\u003cfigure id=\"attachment_11960831\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960831\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-800x533.jpg\" alt=\"An aerial view of a housing site with a few people walking around.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People and dogs walking between pallet shelters at an emergency non-congregate housing site in Chico on Sept. 6, 2023. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before the freeway exit site, Eric said he’d stayed at a shelter near downtown Sacramento for about two months, but said he got kicked out after missing the curfew three times. The third time, he said he had been staying with relatives while attending a family funeral. Now, he walks or takes the bus two miles from the tent to the community college where he takes classes twice a week, and a social worker visits him occasionally, helping him search for an apartment.\u003c/p>\n\u003cp>Eric said not all shelter experiences are comfortable and some people chafe at the rules. If he tries one again, he would want it to be near the community college.\u003c/p>\n\u003cp>“A lot of people are living harder than they need to,” he said of life on the streets. “Me, I can’t stand it.”\u003c/p>\n\u003cp>His neighbor, Joel Martinez, bagged up trash on the sidewalk before sitting down to light a cigarette.\u003c/p>\n\u003cp>Martinez, 63, considers himself a caretaker for a friend he’s met on the streets. She lives around the corner in a van, and that morning she was leaning on its hood partially clothed, chattering to herself. Martinez worries about leaving her alone.\u003c/p>\n\u003cp>“She talks to people we don’t see or hear,” he said. “People were taking advantage of her. I don’t know if she’d fit in at a shelter.”\u003c/p>\n\u003cp>Still, Martinez said, he’s trying to talk her into moving indoors or to a sanctioned campground with him.\u003c/p>\n\u003cp>He said he understands why cities are moving to ban encampments, and said not all residents keep their camps clean, though some, he said, “police ourselves.”\u003c/p>\n\u003cp>“I know people don’t like to be reminded of the homelessness,” he said. “But it’s here, and it seems like the COVID thing really brought it all out.”\u003c/p>\n\u003ch2>Asphalt next to an airport doesn’t count\u003c/h2>\n\u003cp>Federal courts have rarely defined the adequacy of specific types of shelter — though in one extreme case a judge said some things simply don’t count.\u003c/p>\n\u003cp>In Chico, a group of unhoused residents sued the city in 2021 over its enforcement of a ban on camping on any public property. At the time, the city had 120 congregate shelter beds (capacity was diminished during the pandemic) and more than 570 unsheltered residents.\u003c/p>\n\u003cp>In response to the suit, officials opened a temporary sanctioned campground that summer where residents were allowed to park trailers or pitch tents. The city said it could accommodate its entire homeless population.\u003c/p>\n\u003cfigure id=\"attachment_11960829\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-800x533.jpg\" alt=\"Airplanes and a control tower in the distance.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Airplanes and the control tower of the Chico Regional Airport in Chico on Sept. 6, 2023. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Federal District Court Judge Morrison C. England — upon finding that the campground was a strip of asphalt alongside the local airport on the outskirts of town, with one awning erected for shade — \u003ca href=\"https://calmatters.org/wp-content/uploads/2023/09/Chico-preliminary-injunction.pdf\">was unconvinced (PDF)\u003c/a>.\u003c/p>\n\u003cp>“This raises the question, ‘What is shelter?’” he wrote, before quickly dismissing Chico’s “asphalt tarmac with no roof and no walls, no water and no electricity.”\u003c/p>\n\u003cp>Chico officials closed the airport site after less than three months, and last year settled the suit by agreeing to build a “pallet shelter” — 177 tiny homes — where those who are camping in a prohibited spot can be directed by outreach workers or police.\u003c/p>\n\u003cp>Under the settlement, when the city \u003ca href=\"https://chico.ca.us/sites/main/files/file-attachments/camping_enforcement_timline-2022-08-19.pdf?1660944310\">plans to sweep a camp (PDF)\u003c/a>, it must count the number of people living there and confirm there’s enough open shelter beds for them, then notify the plaintiffs’ attorneys and conduct outreach to offer the residents shelter in a process that could take 17 days.\u003c/p>\n\u003cp>More than 300 people have stayed at the new site since April, either because the city was about to sweep their campsites or because they called the city shelter intake line themselves, said Amber Abney-Bass, executive director of the nonprofit Jesus Center which is contracted by the city to run the site. More than 140 of them left either for violating program rules or not returning to their bed for 72 hours, prompting the shelter to give the slot to somebody else, she said. Fourteen have moved on to more stable housing.\u003c/p>\n\u003cp>Abney-Bass said she’s glad the case caused the city to create more beds, but she’s wary that as congregate shelters fall out of favor, some will remain on the streets believing “nothing else is good enough” compared to a tiny home placement.\u003c/p>\n\u003cp>Her nonprofit has assessed more than 100 other people living on the streets since the settlement who have refused a shelter placement if they couldn’t get into the tiny homes site.\u003c/p>\n\u003ch2>Waiting for more judicial guidance\u003c/h2>\n\u003cp>In another case, in Sacramento, a federal judge has temporarily halted encampment sweeps during heat waves twice since last year, after advocates pointed out in court that the city had been directing unhoused people to a sanctioned campground on unshaded asphalt. The site, city attorney Susana Alcala Wood said, does have meals, showers, restrooms and social services.\u003c/p>\n\u003cp>The city has asked the 9th Circuit to weigh in.\u003c/p>\n\u003cp>“In order to advise my client as to what constitutes sufficient shelter, I need the court to tell me,” Alcala Wood said.\u003c/p>\n\u003cp>For the most part, Sacramento has not issued criminal citations against unhoused people violating new camping restrictions passed last year, including bans on camping near schools or for blocking sidewalks. Instead, assistant City Manager Mario Lara said city workers focus on “voluntary compliance,” which does include ordering people to move their tents.\u003c/p>\n\u003cp>That’s drawn the ire of residents and other local politicians who want camps cleared faster and more frequently. Sacramento County District Attorney Thien Ho has \u003ca href=\"https://www.sacbee.com/news/local/article279073229.html\">threatened city officials \u003c/a>with legal action if they don’t enforce the camping bans more aggressively.\u003c/p>\n\u003cp>Whether California’s shelter options are “adequate” alternatives to encampments remains an open question. Will Knight, decriminalization director at the National Homelessness Law Center, who opposes the bans, said that’s the next legal frontier for cities hoping to enforce camping restrictions.\u003c/p>\n\u003cp>Knight defines adequate shelter as accommodating of the personal reasons someone might refuse a traditional shelter bed — including proximity to their children’s school, transportation options or wanting to stay with a pet or partner.\u003c/p>\n\u003cp>“It has to be done from an extremely humane and individualized level,” he said, of enforcing camping bans.\u003c/p>\n\u003cp>Meanwhile, the Idaho ruling undergirding the debate may go before the Supreme Court. The Oregon city of Grants Pass, after losing its bid to enforce its camping ban in a similar case before the 9th Circuit this year, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/275911/20230823153037814_Grants%20Pass%20v.%20Johnson_cert%20petition_corrected.pdf\">has appealed (PDF)\u003c/a> to the high court.\u003c/p>\n\u003cp>Alcala Wood, of Sacramento, said she’s among a number of city attorneys who plan to sign on to a brief asking the U.S. Supreme Court to weigh in.\u003c/p>\n\u003cp>“Is a shelter not adequate if it doesn’t provide a place for your pets? Is a shelter not adequate if it doesn’t provide a place for you to store all your excess personal belongings?” she said, ticking off cities’ questions about their obligations. “Should we allow a person to be able to cook in a shelter? What about open flames? These are all questions we do not have the answers to.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Police can’t force homeless people from encampments unless the city in question has 'adequate shelter' to offer the people getting forced off the street, according to courts. Now everyone involved wants to know what 'adequate shelter' is.","status":"publish","parent":0,"modified":1694551574,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":69,"wordCount":3067},"headData":{"title":"To Sweep Homeless Camps, California Cities Have to Offer Shelter. But What That Means Is Debatable | KQED","description":"Police can’t force homeless people from encampments unless the city in question has 'adequate shelter' to offer the people getting forced off the street, according to courts. Now everyone involved wants to know what 'adequate shelter' is.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"To Sweep Homeless Camps, California Cities Have to Offer Shelter. But What That Means Is Debatable","datePublished":"2023-09-12T19:54:27.000Z","dateModified":"2023-09-12T20:46:14.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"nprByline":"\u003ca href=\"https://calmatters.org/author/jeanne-kuang/\">Jeanne Kuang\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11960819/to-sweep-homeless-camps-california-cities-have-to-offer-shelter-but-what-that-means-is-debatable","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Cities in the West can’t legally clear encampments unless they can provide adequate alternative shelter to the camp residents. But what, precisely, constitutes “adequate shelter?”\u003c/p>\n\u003cp>Is it one cot among dozens in a congregate shelter? A top bunk for an elderly person? An individual tiny home? A strip of asphalt, without electricity or water, where rows of people can set up their tents?\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We cannot enforce our way through homelessness; it’s not the proper way to address homelessness.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Shawn Takeuchi, San Diego Police Captain","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The definition is at the heart of debates raging across California in the five years since a federal appeals court ruled that it’s cruel and unusual punishment to evict homeless people from public spaces when they have no other options. The 2018 \u003ca href=\"https://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/04/15-35845.pdf\">decision on that Boise, Idaho case (PDF)\u003c/a> by the 9th U.S. Circuit Court of Appeals, binding on states in the West, did not require cities to set up enough shelter beds for their entire homeless population, but said it would be unconstitutional to criminally penalize people camping in public when they lack “access to adequate temporary shelter.”\u003c/p>\n\u003cp>Last week a three-judge panel of that same court took another crack at the issue — this time declining to lift a temporary order that has, for nine months, halted San Francisco officials from sweeping the city’s homeless camps.\u003c/p>\n\u003cp>The most recent order gave San Francisco officials confirmation that the city can sweep sites and cite residents who are “voluntarily” homeless: those refusing legitimate, adequate shelter offers. Officials said they haven’t yet decided whether to do that.\u003c/p>\n\u003cfigure id=\"attachment_11960830\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960830\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-800x533.jpg\" alt=\"An aerial view of a housing site.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_12.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An aerial view of Chico’s emergency non-congregate housing site. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California cities have been itching to get around the technical bounds of the Idaho ruling as constituents with homes complain about encampments in public spaces, citing public health and other concerns. Many local governments say they can ban encampments and that they have the alternative shelter options to enforce it.\u003c/p>\n\u003cp>Calling it a necessary form of tough love, they’re cracking down on public camps, pairing an offer of shelter — or a stern prodding toward it — with the threat of arrest or fine. San Diego in late July began enforcing a ban on camps in most public places during the day; other cities that have recently passed camping restrictions include Sacramento, San Rafael and Culver City.\u003c/p>\n\u003cp>Some say the carrot-and-stick approach is too weak a response to flagrant public health and safety concerns on the streets. Others say it’s an infringement on the rights of unhoused people who, if they refuse shelter because of personal circumstances, will get shuffled around town, lose belongings and contact with social workers, or be pushed to more remote or dangerous places to sleep.\u003c/p>\n\u003cp>In San Francisco, both advocates for the homeless and the city claimed the latest court decision supported their side.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We are pleased that the 9th Circuit agreed with the City that the preliminary injunction does not apply to those who refuse shelter or those who have a shelter bed and choose to maintain a tent on the street,” City Attorney David Chiu said in a statement.\u003c/p>\n\u003cp>An attorney for the plaintiffs, a group of unsheltered San Franciscans and the nonprofit Coalition on Homelessness, said that was always the case — but with shelters often near capacity, the city hasn’t shown it is truly providing adequate offers to those on the streets. More than 4,000 people live unsheltered on the streets in San Francisco, while the city has \u003ca href=\"https://hsh.sfgov.org/services/the-homelessness-response-system/shelter/\">just over 3,000 beds\u003c/a>, and notes that not all unoccupied beds are immediately available for someone to be placed.\u003c/p>\n\u003cp>“The question is, are those people actually voluntarily homeless, did they actually give them a specific offer?” said Zal Shroff, interim legal director of the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. “The city is representing that 4,000 people on the streets are there by choice.”\u003c/p>\n\u003ch2>New bans with new tents\u003c/h2>\n\u003cp>In San Diego, police have for more than a month been enforcing a controversial new ban on camps on most public property during the day, or when shelter is available. The July ban prohibits camping near schools or shelters and in parks regardless of whether there’s shelter available. Enforcement coincided with \u003ca href=\"https://www.sandiego.gov/homelessness-strategies-and-solutions/services/safe-sleeping-program\">a new “Safe Sleeping site”\u003c/a> near a city park as a nod to adequate shelter options.\u003c/p>\n\u003cp>Though police have also recently ramped up enforcement of an older law banning camps from blocking sidewalks, they say they haven’t yet made an arrest under the new one, instead issuing 85 warnings and four citations in August. Police say they’re employing a progressive strategy by which city staff and then police offer shelter first and issue a warning, then step up to a misdemeanor charge or even an arrest if an unhoused person continues to camp in a prohibited spot.\u003c/p>\n\u003cp>San Diego Police Capt. Shawn Takeuchi of the Neighborhood Policing Division acknowledges it’s an imperfect approach to the needs of the \u003ca href=\"https://www.rtfhsd.org/wp-content/uploads/2023-City-of-San-Diego-Region-Breakdown.pdf\">6,500 city residents (PDF)\u003c/a> who are homeless any given night this year.\u003c/p>\n\u003cp>Of those, about 2,600 were in shelter beds. Nearly 3,300 were unsheltered — more than a 30% increase from last year. There are about 1,800 city-funded \u003ca href=\"https://www.sandiego.gov/sites/default/files/hssd-comprehensive-shelter-strategy.pdf\">shelter beds in San Diego (PDF)\u003c/a> and about 600 others that are not funded by the city.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11959120,news_11950967,news_11954909","label":"Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“We cannot enforce our way through homelessness; it’s not the proper way to address homelessness,” Takeuchi said.\u003c/p>\n\u003cp>But for those who refuse a shelter placement or willingly flaunt other laws such as those against public drug use, Takeuchi said, “enough’s enough. Government intervention needs to happen.”\u003c/p>\n\u003cp>The new “safe sleeping site” — a fenced asphalt lot with 136 tents that fit up to two people each — is located in a city maintenance yard tucked into the southern edge of the storied Balboa Park. The park and areas near schools have been the city’s first enforcement targets.\u003c/p>\n\u003cp>The city-funded site offers two meals a day, showers and services to help residents with their housing search. Couples can stay together. Folks can stay indefinitely.\u003c/p>\n\u003cp>It’s a new option in a city that has historically offered only large congregate shelters, which many refuse or find unsuitable. Mayor Todd Gloria said it comes with the “expectation” that more people will choose it over living on the streets when beds are available.\u003c/p>\n\u003cp>“We have put out a tremendous amount of carrots and we do need a few sticks,” he said. “It is the expectations of taxpayers funding these efforts that folks avail themselves of it.”\u003c/p>\n\u003cp>As of last week, the site had seven tents open, a spokesperson for Gloria said. The city’s other shelters are all nearly full any given night, said Sofia Cardenas, data and compliance manager at the Alpha Project, a San Diego nonprofit that runs five other shelters.\u003c/p>\n\u003cp>Neighboring cities have \u003ca href=\"https://www.nbcsandiego.com/news/local/huge-influx-of-homeless-in-chula-vista-after-san-diegos-camping-ban-begins-nonprofit-director/3279891/\">reported increases\u003c/a> in encampments in their own borders in the wake of San Diego’s new law, and Cardenas said the nonprofit’s outreach workers are having a harder time finding clients who have scattered around the city.\u003c/p>\n\u003cp>Takeuchi acknowledged when officers approach a person with a warning or to cite them for violating the camping ban, they don’t necessarily know if there’s a placement for that person’s specific circumstances.\u003c/p>\n\u003cp>“It’s not as simple as, okay, there’s a bed available for every person we contact because there are certain beds that are not available to certain populations of folks,” he said.\u003c/p>\n\u003cp>When considering the new ordinance, the city’s attorneys \u003ca href=\"https://docs.sandiego.gov/memooflaw/MS-2023-4.pdf\">in a legal memo (PDF)\u003c/a> noted that certain shelter options would be inadequate and put the city in danger of violating the Idaho ruling — such as an offer of a top bunk for an elderly or disabled person.\u003c/p>\n\u003cp>In the first month of enforcement, Takeuchi said out of 85 warnings only three people told police they would agree to a shelter placement, though people who are interested can call the city directly and do not have to accept the offer directly from police.\u003c/p>\n\u003cp>Cardenas said the city should have increased the number and variety of shelter beds before starting the enforcement, and said existing shelter spaces, including the tent site, may still be inadequate for the elderly or those with disabilities or mental illness.\u003c/p>\n\u003cp>“Mostly we see people shuffling around,” trying to avoid police, Cardenas said. “When we’re asking them to accept sanctioned campgrounds … is that the best we can do? Accept this, or go to jail?”\u003c/p>\n\u003cp>Cities contend they’ve been increasing the options. In San Diego, Gloria said officials have another sanctioned campsite planned to open this year that will be able to accommodate up to 400, and have loosened rules on the city’s congregate shelters so that residents can bring in a pet and are not required to be sober.\u003c/p>\n\u003cp>Mirroring other California politicians on the matter, Gloria criticized activists who call the shelter offerings inadequate as an “infinitesimally small number of voices who seemingly enjoy seeing encampments on the streets.”\u003c/p>\n\u003cp>“It’s never enough for them,” he said.\u003c/p>\n\u003ch2>‘Better for who?’\u003c/h2>\n\u003cp>Even if shelter spaces are open, unhoused people sometimes opt out.\u003c/p>\n\u003cp>Under the din of the Highway 99 overpass along the edge of Sacramento’s urban core, a man emerged from his tent on a recent weekend morning and sat at a makeshift breakfast table, shaking a box of cereal.\u003c/p>\n\u003cp>The man, who would only identify himself as 53-year-old Eric D., said he’d lived at this encampment of about five tents for about a month. His last campsite was a few blocks away near a freeway exit, and highway patrol officers told him he had to leave. The officers had given him a pamphlet with information about social services and shelter; he said “most of the information, a lot of the homeless people already know.”\u003c/p>\n\u003cp>“Better for who?” he said, when asked whether he would consider a shelter placement better than the encampment. “It depends on the individual.”\u003c/p>\n\u003cfigure id=\"attachment_11960831\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960831\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-800x533.jpg\" alt=\"An aerial view of a housing site with a few people walking around.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_15.jpg 1568w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">People and dogs walking between pallet shelters at an emergency non-congregate housing site in Chico on Sept. 6, 2023. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Before the freeway exit site, Eric said he’d stayed at a shelter near downtown Sacramento for about two months, but said he got kicked out after missing the curfew three times. The third time, he said he had been staying with relatives while attending a family funeral. Now, he walks or takes the bus two miles from the tent to the community college where he takes classes twice a week, and a social worker visits him occasionally, helping him search for an apartment.\u003c/p>\n\u003cp>Eric said not all shelter experiences are comfortable and some people chafe at the rules. If he tries one again, he would want it to be near the community college.\u003c/p>\n\u003cp>“A lot of people are living harder than they need to,” he said of life on the streets. “Me, I can’t stand it.”\u003c/p>\n\u003cp>His neighbor, Joel Martinez, bagged up trash on the sidewalk before sitting down to light a cigarette.\u003c/p>\n\u003cp>Martinez, 63, considers himself a caretaker for a friend he’s met on the streets. She lives around the corner in a van, and that morning she was leaning on its hood partially clothed, chattering to herself. Martinez worries about leaving her alone.\u003c/p>\n\u003cp>“She talks to people we don’t see or hear,” he said. “People were taking advantage of her. I don’t know if she’d fit in at a shelter.”\u003c/p>\n\u003cp>Still, Martinez said, he’s trying to talk her into moving indoors or to a sanctioned campground with him.\u003c/p>\n\u003cp>He said he understands why cities are moving to ban encampments, and said not all residents keep their camps clean, though some, he said, “police ourselves.”\u003c/p>\n\u003cp>“I know people don’t like to be reminded of the homelessness,” he said. “But it’s here, and it seems like the COVID thing really brought it all out.”\u003c/p>\n\u003ch2>Asphalt next to an airport doesn’t count\u003c/h2>\n\u003cp>Federal courts have rarely defined the adequacy of specific types of shelter — though in one extreme case a judge said some things simply don’t count.\u003c/p>\n\u003cp>In Chico, a group of unhoused residents sued the city in 2021 over its enforcement of a ban on camping on any public property. At the time, the city had 120 congregate shelter beds (capacity was diminished during the pandemic) and more than 570 unsheltered residents.\u003c/p>\n\u003cp>In response to the suit, officials opened a temporary sanctioned campground that summer where residents were allowed to park trailers or pitch tents. The city said it could accommodate its entire homeless population.\u003c/p>\n\u003cfigure id=\"attachment_11960829\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11960829\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-800x533.jpg\" alt=\"Airplanes and a control tower in the distance.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/090623_Chico_Homeless_FG_CM_07.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Airplanes and the control tower of the Chico Regional Airport in Chico on Sept. 6, 2023. \u003ccite>(Fred Greaves/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Federal District Court Judge Morrison C. England — upon finding that the campground was a strip of asphalt alongside the local airport on the outskirts of town, with one awning erected for shade — \u003ca href=\"https://calmatters.org/wp-content/uploads/2023/09/Chico-preliminary-injunction.pdf\">was unconvinced (PDF)\u003c/a>.\u003c/p>\n\u003cp>“This raises the question, ‘What is shelter?’” he wrote, before quickly dismissing Chico’s “asphalt tarmac with no roof and no walls, no water and no electricity.”\u003c/p>\n\u003cp>Chico officials closed the airport site after less than three months, and last year settled the suit by agreeing to build a “pallet shelter” — 177 tiny homes — where those who are camping in a prohibited spot can be directed by outreach workers or police.\u003c/p>\n\u003cp>Under the settlement, when the city \u003ca href=\"https://chico.ca.us/sites/main/files/file-attachments/camping_enforcement_timline-2022-08-19.pdf?1660944310\">plans to sweep a camp (PDF)\u003c/a>, it must count the number of people living there and confirm there’s enough open shelter beds for them, then notify the plaintiffs’ attorneys and conduct outreach to offer the residents shelter in a process that could take 17 days.\u003c/p>\n\u003cp>More than 300 people have stayed at the new site since April, either because the city was about to sweep their campsites or because they called the city shelter intake line themselves, said Amber Abney-Bass, executive director of the nonprofit Jesus Center which is contracted by the city to run the site. More than 140 of them left either for violating program rules or not returning to their bed for 72 hours, prompting the shelter to give the slot to somebody else, she said. Fourteen have moved on to more stable housing.\u003c/p>\n\u003cp>Abney-Bass said she’s glad the case caused the city to create more beds, but she’s wary that as congregate shelters fall out of favor, some will remain on the streets believing “nothing else is good enough” compared to a tiny home placement.\u003c/p>\n\u003cp>Her nonprofit has assessed more than 100 other people living on the streets since the settlement who have refused a shelter placement if they couldn’t get into the tiny homes site.\u003c/p>\n\u003ch2>Waiting for more judicial guidance\u003c/h2>\n\u003cp>In another case, in Sacramento, a federal judge has temporarily halted encampment sweeps during heat waves twice since last year, after advocates pointed out in court that the city had been directing unhoused people to a sanctioned campground on unshaded asphalt. The site, city attorney Susana Alcala Wood said, does have meals, showers, restrooms and social services.\u003c/p>\n\u003cp>The city has asked the 9th Circuit to weigh in.\u003c/p>\n\u003cp>“In order to advise my client as to what constitutes sufficient shelter, I need the court to tell me,” Alcala Wood said.\u003c/p>\n\u003cp>For the most part, Sacramento has not issued criminal citations against unhoused people violating new camping restrictions passed last year, including bans on camping near schools or for blocking sidewalks. Instead, assistant City Manager Mario Lara said city workers focus on “voluntary compliance,” which does include ordering people to move their tents.\u003c/p>\n\u003cp>That’s drawn the ire of residents and other local politicians who want camps cleared faster and more frequently. Sacramento County District Attorney Thien Ho has \u003ca href=\"https://www.sacbee.com/news/local/article279073229.html\">threatened city officials \u003c/a>with legal action if they don’t enforce the camping bans more aggressively.\u003c/p>\n\u003cp>Whether California’s shelter options are “adequate” alternatives to encampments remains an open question. Will Knight, decriminalization director at the National Homelessness Law Center, who opposes the bans, said that’s the next legal frontier for cities hoping to enforce camping restrictions.\u003c/p>\n\u003cp>Knight defines adequate shelter as accommodating of the personal reasons someone might refuse a traditional shelter bed — including proximity to their children’s school, transportation options or wanting to stay with a pet or partner.\u003c/p>\n\u003cp>“It has to be done from an extremely humane and individualized level,” he said, of enforcing camping bans.\u003c/p>\n\u003cp>Meanwhile, the Idaho ruling undergirding the debate may go before the Supreme Court. The Oregon city of Grants Pass, after losing its bid to enforce its camping ban in a similar case before the 9th Circuit this year, \u003ca href=\"https://www.supremecourt.gov/DocketPDF/23/23-175/275911/20230823153037814_Grants%20Pass%20v.%20Johnson_cert%20petition_corrected.pdf\">has appealed (PDF)\u003c/a> to the high court.\u003c/p>\n\u003cp>Alcala Wood, of Sacramento, said she’s among a number of city attorneys who plan to sign on to a brief asking the U.S. Supreme Court to weigh in.\u003c/p>\n\u003cp>“Is a shelter not adequate if it doesn’t provide a place for your pets? Is a shelter not adequate if it doesn’t provide a place for you to store all your excess personal belongings?” she said, ticking off cities’ questions about their obligations. “Should we allow a person to be able to cook in a shelter? What about open flames? These are all questions we do not have the answers to.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11960819/to-sweep-homeless-camps-california-cities-have-to-offer-shelter-but-what-that-means-is-debatable","authors":["byline_news_11960819"],"categories":["news_6266","news_8"],"tags":["news_20305","news_21214","news_5259"],"affiliates":["news_18481"],"featImg":"news_11960832","label":"news_18481"},"news_11960279":{"type":"posts","id":"news_11960279","meta":{"index":"posts_1591205157","site":"news","id":"11960279","score":null,"sort":[1694120322000]},"guestAuthors":[],"slug":"where-things-stand-in-san-franciscos-legal-battle-over-street-encampments","title":"Where Things Stand in San Francisco's Legal Battle Over Street Encampments","publishDate":1694120322,"format":"standard","headTitle":"Where Things Stand in San Francisco’s Legal Battle Over Street Encampments | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A federal court this week denied \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">San Francisco’s request to modify an order\u003c/a> that temporarily bans the city from clearing street encampments without first offering people alternative shelter options.\u003c/p>\n\u003cp>Tuesday’s ruling is the latest chapter in an ongoing battle over the city’s widespread homeless encampments and what to do with the thousands of people who live in them.\u003c/p>\n\u003cp>The ban — or injunction — in question was issued by a federal judge late last year, several months after the nonprofit Coalition on Homelessness \u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">sued the city\u003c/a>, alleging it was violating its own encampment clearing policies.\u003c/p>\n\u003cp>“It is real progress,” Zal Shroff, interim legal director for the Lawyers’ Committee for Civil Rights, said of Tuesday’s ruling by a three-judge panel of the Ninth Circuit Court of Appeals. “The law has been perfectly clear that you cannot punish someone who doesn’t have access to shelter.”\u003c/p>\n\u003cp>San Francisco, however, said this latest decision — which effectively kicks the most contentious decisions on the issue down the road — was actually in its favor, as it allows the city to resume some encampment sweeps and, if necessary, renew its motion in the future.\u003c/p>\n\u003ch2>\u003cstrong>How’d we get here?\u003c/strong>\u003c/h2>\n\u003cp>When the Coalition on Homelessness sued San Francisco last September, it argued the city was threatening to cite and arrest encampment occupants who refused to move, without first offering them adequate shelter options, in violation of its own policies.\u003c/p>\n\u003cp>The plaintiffs also argued the city had failed to regularly adhere to its \u003ca href=\"https://sfpublicworks.org/services/bag-and-tag-process\">“bag and tag” policy\u003c/a> that directs its workers to offer people in encampments the option of labeling and storing their personal items before their camps are cleared.\u003c/p>\n\u003cp>“The law is very clear, and the city needs to follow its own policies,” Jennifer Friedenbach, executive director of the Coalition on Homelessness, told KQED after Tuesday’s ruling. “Everything is in place, it’s the practices on the ground that need more work.”[aside postID=news_11959120,news_11950967,news_11958939 label='More on SF Encampment Sweeps']In December, U.S. Magistrate Judge Donna Ryu sided with the plaintiffs by issuing a temporary injunction, ordering the city to stop clearing encampments occupied by people who are “involuntarily homeless” \u003cem>unless \u003c/em>a genuine offer of shelter has been made. She also ordered the city to follow its existing “bag and tag” policies.\u003c/p>\n\u003cp>In its appeal to the Ninth Circuit panel last month, the city argued the injunction was overly broad and had prevented it from addressing problematic street conditions that have led to major safety and health issues. As part of that appeal, the city filed a motion to modify part of the injunction by making clear that unhoused people who reject shelter or housing offers should not be considered “involuntarily homeless.”\u003c/p>\n\u003cp>That clarification is important, the city argued, because the injunction only applies to those who are “involuntarily homeless.”\u003c/p>\n\u003cp>Although the Ninth Circuit panel on Tuesday technically denied the city’s motion, it only did so because the plaintiffs had already subsequently agreed on that clarification.\u003c/p>\n\u003cp>The ruling effectively means that, under the existing injunction, the city can continue to clear encampments and enforce its “sit-lie” laws as long as it first offers occupants suitable shelter options and the opportunity to store their belongings.\u003c/p>\n\u003cp>“We are pleased that the Ninth Circuit agreed with the City that the preliminary injunction does not apply to those who refuse shelter or those who have a shelter bed and choose to maintain a tent on the street,” Chiu said in an email to KQED. “We look forward to the Court’s decision on the other substantive issues raised in our appeal.”\u003c/p>\n\u003cp>But Friedenbach, from the Coalition on Homelessness, said the latest ruling holds the city accountable.\u003c/p>\n\u003cp>“This means the city needs to continue following the law and following their own policies, meaning they can’t throw away people’s property and they have a process for that they need to follow, and the city can’t threaten to arrest or cite people for lodging or sleeping unless they have a firm offer of shelter first,” she said.\u003c/p>\n\u003cp>Additional court proceedings are expected to continue over the next year, as the Ninth Circuit panel considers the city’s challenge to the injunction as a whole.\u003c/p>\n\u003ch2>\u003cstrong>What is the basis for last year’s injunction?\u003c/strong>\u003c/h2>\n\u003cp>In issuing the injunction, Judge Ryu cited \u003cem>Martin v. Boise\u003c/em>, a 2018 ruling that blocked the city of Boise, Idaho from enforcing its street camping and other sit-lie laws unless it first offered unhoused people alternative shelter options.\u003c/p>\n\u003cp>Plaintiffs in the San Francisco case argued that the city often disregarded its own similar policy — of first offering shelter options — when pursuing encampment sweeps.\u003c/p>\n\u003cp>Both sides recognize that San Francisco simply does not have enough housing or emergency shelter to meet current demand. More than half of the city’s \u003ca href=\"https://hsh.sfgov.org/wp-content/uploads/2022/08/2022-PIT-Count-Report-San-Francisco-Updated-8.19.22.pdf\">roughly 7,800 people experiencing homelessness (PDF)\u003c/a> live outside, according to the latest citywide count.\u003c/p>\n\u003cp>The city, however, has only about 3,500 shelter beds in its overloaded system, and as of Thursday, some \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">470 people\u003c/a> were on the shelter waitlist.\u003c/p>\n\u003cp>In her ruling, Judge Ryu asked San Francisco to detail how it trains law enforcement and street-clearing crews, and identify which city workers have not been trained on the specifics of the injunction.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>A similar legal battle also \u003ca href=\"https://www.courthousenews.com/federal-judge-halts-sweep-of-berkeley-homeless-encampments/\">recently played out in Berkeley\u003c/a>, where a federal judge on Tuesday issued a temporary restraining order blocking the city from clearing a homeless encampment on the west side of the city, near the freeway. The plaintiffs in the case, who are residents of the encampment, argued that they were notified by the city, via a sign posted on a nearby light post, just three days before the scheduled Labor Day sweep was to take place.\u003c/p>\n\u003cp>In that case, U.S. District Judge Yvonne Gonzalez Rogers ruled that “the potential loss of personal property, community, and safety, particularly in the absence of access to resources and services is an irreparable harm.”\u003c/p>\n\u003cp>The judge said that because of the holiday weekend, plaintiffs would not have the necessary time or availability of resources to help them move, “placing them in danger and in violation of their right to due process.”\u003c/p>\n\u003cp>The temporary order in Berkeley, however, is set to expire on Sept. 15.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Tuesday's ruling, denying the city's request to modify a ban on street sweeps, is the latest chapter in an ongoing battle over the city’s widespread homeless encampments and what to do with the thousands of people who live in them.","status":"publish","parent":0,"modified":1694120280,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1099},"headData":{"title":"Where Things Stand in San Francisco's Legal Battle Over Street Encampments | KQED","description":"Tuesday's ruling, denying the city's request to modify a ban on street sweeps, is the latest chapter in an ongoing battle over the city’s widespread homeless encampments and what to do with the thousands of people who live in them.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Where Things Stand in San Francisco's Legal Battle Over Street Encampments","datePublished":"2023-09-07T20:58:42.000Z","dateModified":"2023-09-07T20:58:00.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11960279/where-things-stand-in-san-franciscos-legal-battle-over-street-encampments","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A federal court this week denied \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">San Francisco’s request to modify an order\u003c/a> that temporarily bans the city from clearing street encampments without first offering people alternative shelter options.\u003c/p>\n\u003cp>Tuesday’s ruling is the latest chapter in an ongoing battle over the city’s widespread homeless encampments and what to do with the thousands of people who live in them.\u003c/p>\n\u003cp>The ban — or injunction — in question was issued by a federal judge late last year, several months after the nonprofit Coalition on Homelessness \u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">sued the city\u003c/a>, alleging it was violating its own encampment clearing policies.\u003c/p>\n\u003cp>“It is real progress,” Zal Shroff, interim legal director for the Lawyers’ Committee for Civil Rights, said of Tuesday’s ruling by a three-judge panel of the Ninth Circuit Court of Appeals. “The law has been perfectly clear that you cannot punish someone who doesn’t have access to shelter.”\u003c/p>\n\u003cp>San Francisco, however, said this latest decision — which effectively kicks the most contentious decisions on the issue down the road — was actually in its favor, as it allows the city to resume some encampment sweeps and, if necessary, renew its motion in the future.\u003c/p>\n\u003ch2>\u003cstrong>How’d we get here?\u003c/strong>\u003c/h2>\n\u003cp>When the Coalition on Homelessness sued San Francisco last September, it argued the city was threatening to cite and arrest encampment occupants who refused to move, without first offering them adequate shelter options, in violation of its own policies.\u003c/p>\n\u003cp>The plaintiffs also argued the city had failed to regularly adhere to its \u003ca href=\"https://sfpublicworks.org/services/bag-and-tag-process\">“bag and tag” policy\u003c/a> that directs its workers to offer people in encampments the option of labeling and storing their personal items before their camps are cleared.\u003c/p>\n\u003cp>“The law is very clear, and the city needs to follow its own policies,” Jennifer Friedenbach, executive director of the Coalition on Homelessness, told KQED after Tuesday’s ruling. “Everything is in place, it’s the practices on the ground that need more work.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11959120,news_11950967,news_11958939","label":"More on SF Encampment Sweeps "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In December, U.S. Magistrate Judge Donna Ryu sided with the plaintiffs by issuing a temporary injunction, ordering the city to stop clearing encampments occupied by people who are “involuntarily homeless” \u003cem>unless \u003c/em>a genuine offer of shelter has been made. She also ordered the city to follow its existing “bag and tag” policies.\u003c/p>\n\u003cp>In its appeal to the Ninth Circuit panel last month, the city argued the injunction was overly broad and had prevented it from addressing problematic street conditions that have led to major safety and health issues. As part of that appeal, the city filed a motion to modify part of the injunction by making clear that unhoused people who reject shelter or housing offers should not be considered “involuntarily homeless.”\u003c/p>\n\u003cp>That clarification is important, the city argued, because the injunction only applies to those who are “involuntarily homeless.”\u003c/p>\n\u003cp>Although the Ninth Circuit panel on Tuesday technically denied the city’s motion, it only did so because the plaintiffs had already subsequently agreed on that clarification.\u003c/p>\n\u003cp>The ruling effectively means that, under the existing injunction, the city can continue to clear encampments and enforce its “sit-lie” laws as long as it first offers occupants suitable shelter options and the opportunity to store their belongings.\u003c/p>\n\u003cp>“We are pleased that the Ninth Circuit agreed with the City that the preliminary injunction does not apply to those who refuse shelter or those who have a shelter bed and choose to maintain a tent on the street,” Chiu said in an email to KQED. “We look forward to the Court’s decision on the other substantive issues raised in our appeal.”\u003c/p>\n\u003cp>But Friedenbach, from the Coalition on Homelessness, said the latest ruling holds the city accountable.\u003c/p>\n\u003cp>“This means the city needs to continue following the law and following their own policies, meaning they can’t throw away people’s property and they have a process for that they need to follow, and the city can’t threaten to arrest or cite people for lodging or sleeping unless they have a firm offer of shelter first,” she said.\u003c/p>\n\u003cp>Additional court proceedings are expected to continue over the next year, as the Ninth Circuit panel considers the city’s challenge to the injunction as a whole.\u003c/p>\n\u003ch2>\u003cstrong>What is the basis for last year’s injunction?\u003c/strong>\u003c/h2>\n\u003cp>In issuing the injunction, Judge Ryu cited \u003cem>Martin v. Boise\u003c/em>, a 2018 ruling that blocked the city of Boise, Idaho from enforcing its street camping and other sit-lie laws unless it first offered unhoused people alternative shelter options.\u003c/p>\n\u003cp>Plaintiffs in the San Francisco case argued that the city often disregarded its own similar policy — of first offering shelter options — when pursuing encampment sweeps.\u003c/p>\n\u003cp>Both sides recognize that San Francisco simply does not have enough housing or emergency shelter to meet current demand. More than half of the city’s \u003ca href=\"https://hsh.sfgov.org/wp-content/uploads/2022/08/2022-PIT-Count-Report-San-Francisco-Updated-8.19.22.pdf\">roughly 7,800 people experiencing homelessness (PDF)\u003c/a> live outside, according to the latest citywide count.\u003c/p>\n\u003cp>The city, however, has only about 3,500 shelter beds in its overloaded system, and as of Thursday, some \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">470 people\u003c/a> were on the shelter waitlist.\u003c/p>\n\u003cp>In her ruling, Judge Ryu asked San Francisco to detail how it trains law enforcement and street-clearing crews, and identify which city workers have not been trained on the specifics of the injunction.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>A similar legal battle also \u003ca href=\"https://www.courthousenews.com/federal-judge-halts-sweep-of-berkeley-homeless-encampments/\">recently played out in Berkeley\u003c/a>, where a federal judge on Tuesday issued a temporary restraining order blocking the city from clearing a homeless encampment on the west side of the city, near the freeway. The plaintiffs in the case, who are residents of the encampment, argued that they were notified by the city, via a sign posted on a nearby light post, just three days before the scheduled Labor Day sweep was to take place.\u003c/p>\n\u003cp>In that case, U.S. District Judge Yvonne Gonzalez Rogers ruled that “the potential loss of personal property, community, and safety, particularly in the absence of access to resources and services is an irreparable harm.”\u003c/p>\n\u003cp>The judge said that because of the holiday weekend, plaintiffs would not have the necessary time or availability of resources to help them move, “placing them in danger and in violation of their right to due process.”\u003c/p>\n\u003cp>The temporary order in Berkeley, however, is set to expire on Sept. 15.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11960279/where-things-stand-in-san-franciscos-legal-battle-over-street-encampments","authors":["11840"],"categories":["news_6266","news_8"],"tags":["news_21214","news_4020","news_38","news_26292"],"featImg":"news_11960318","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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