Context:

Governor Gavin Newsom of California has proposed a model ordinance urging cities and counties to ban homeless encampments on public property, as part of a broader effort to address the state's significant homelessness crisis. While the ordinance does not enforce criminal penalties, it allows cities to decide on appropriate measures for violators, amid rising public frustration over visible encampments. The proposal coincides with the release of over $3 billion in state funds aimed at expanding local housing and treatment options. Despite this initiative, there is division among California's policymakers and residents on the use of law enforcement to handle homelessness. The ordinance follows a Supreme Court ruling that permits governments to penalize people for sleeping in public areas, which has led to varied enforcement actions across different cities in California.

Dive Deeper:

• Governor Newsom's administration has invested tens of billions of dollars in housing and treatment programs for the homeless, and his latest initiative introduces a template for local ordinances to ban encampments on public property. This approach marks a shift from traditional liberal policies that focus on housing and treatment without criminalizing homelessness.

• The ordinance suggests cities should decide on penalties for violating the ban, which could include arrests or citations, though it stresses that no one should be criminally punished for sleeping outside when no shelter is available. This proposal follows a Supreme Court decision allowing governments to penalize sleeping in public areas.

• Public opinion in California is divided, with nearly 40% supporting the arrest of homeless individuals who refuse shelter, while many policymakers oppose using law enforcement in addressing encampments. This reflects a disconnect between elected officials and residents who are frustrated with persistent encampments.

• The state has released $3.3 billion to expand housing and treatment facilities, but only a fraction of municipalities have enacted new camping restrictions. Some cities, like Fresno, have implemented strict measures, while others, like Los Angeles, have seen success with voluntary relocation programs.

• The model ordinance stipulates that cities should make efforts to provide shelter before clearing encampments and requires a 48-hour notice to homeless individuals. It builds on state protocols that have cleared thousands of encampments, aiming to resolve homelessness with urgency and humanity.