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Times\u003c/em> have brought renewed attention to a California bill that would force tech companies to pay news outlets, San Mateo County’s vote to make it a crime to camp in certain areas when shelter beds are available, and a former prosecutor under Chesa Boudin who’s decided to enter the race for San Francisco District Attorney. Plus, we introduce our new intern!\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=KQINC9460852209\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Links:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.sfchronicle.com/politics/article/la-times-layoffs-bill-18624182.php\" target=\"_blank\" rel=\"noopener noreferrer\">As layoffs batter L.A. Times, California lawmaker renews push to force Google, Facebook to pay for news\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.sfchronicle.com/bayarea/article/sf-district-attorney-race-khojasteh-18626462.php\" target=\"_blank\" rel=\"noopener noreferrer\">S.F. D.A. Brooke Jenkins fired him. Now he’s running against her\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11973307/san-mateo-county-supes-vote-to-criminalize-camping-in-unincorporated-areas\" target=\"_blank\" rel=\"noopener noreferrer\">San Mateo County Supes Vote to Criminalize Camping in Unincorporated Areas\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to the Bay and local news to keep you rooted. And welcome to our first news roundup of the New Year. I don’t know if it’s weird to say Happy New Year anymore, but happy New year.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Happy new year.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>It’s still okay.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>This is where we take some time at the end of the month to sit down with the entire Bay production team, to talk about some of the other stories around the Bay area that we’ve been following this month that we maybe didn’t get to make an episode on. I’m joined by our senior editor, Alan Montecillo What’s up? Alan?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Hello.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And our producer, Maria Esquinca. And also a very special guest, our intern, Eleanor Prickett-Morgan, who is in their second week with us here at KQED. Welcome, Ellie.\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>Hi. Very excited to be here.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, before we dive into our news roundup, l’m wondering if you can just tell us a little bit about yourself and your background.\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>I’m a bay transplant by way of Santa Cruz, and I have spent the past couple of years doing some reporting with KPFA on housing and homelessness. I followed the Wood Street encampment for somewhere around a year through their eviction, and then I’ve continued to follow the community. And, yeah, I’m just really passionate about local news.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And I know you’ve done a lot of stories out of the East Bay, in particular homelessness and housing. What kind of stories are you excited about working on on our show?\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>I’m really excited to kind of expand the different areas of coverage and pretty rooted in Oakland right now. And I’m also really excited to talk about potentially more labor issues, obviously, like the election coming up and maybe some transit stuff too.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, Ellie, thank you so much. It’s really exciting to have you here, and we are so excited to see all the things we make with you. Likewise. And right after the break, we’ll talk about the three stories that the Bay team has been following this month. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And welcome back to The Bay’s monthly news roundup, our first of the year. We’re going to go ahead and start with my story, which is about a recent wave of layoffs in the media industry and the role that some local lawmakers here in the Bay actually believe that tech can and should play in saving the industry from further catastrophe. Last week, the L.A. times laid off 115 journalists, which amounts to more than 20% of the newsroom. Many of the cuts were to culture writers, the team covering LA’s Latino community, the Washington, D.C. bureau, which I mean, of course, is really crazy to think about in an election year.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The union says that the cuts also disproportionately affected black, Latino and Asian American employees, and the paper’s owner, Doctor Patrick Soon-shiong, said the cuts were necessary because the times could no longer lose up to $40 million a year without boosting advertising. It’s also bringing renewed attention to efforts by some California lawmakers to hold tech companies accountable for their role in the plight of the media industry.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Can you explain to us how is the tech industry connected to the news layoffs?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, I mean, if you think about back in the day, right, when everyone needs to get newspapers and the main source of revenue for those newspapers was the advertising, the internet platforms like Google and Facebook. As we all know, those platforms have changed the entire industry. Many of these newspapers are no longer making money from advertising in their newspapers. Right, because everyone’s advertising online. And so the logic is that these platforms have contributed to this really devastating climate for news, while at the same time benefiting from the news articles that are posted to their websites.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>In some ways, this is part of a much longer story of local news getting cut and cut and cut. And when you say, you know, California lawmakers are trying to hold tech accountable, how does that factor in to this recent news about the L.A. times?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>There is at least one local lawmaker, Buffy Wicks, Democrat from Oakland, who believes that tech companies including Google, Facebook and Microsoft have really benefited from the work of journalists whose stories end up on these platforms. And basically, there’s this bill called the Journalism Preservation Act, or AB 886 that would require platforms to pay a journalism usage fee to news organizations.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>This isn’t totally new idea, and from what I know, the tech industry is pretty hostile to any notion of paying for content that appears on their platforms. I have to assume something similar is happening in California.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Yeah, I mean, this bill actually stalled in the legislature last year, and its author, Buffy Wicks, decided to table it essentially in part because tech companies spent lots of money in 2023 lobbying California lawmakers and regulators against the bill. The LA times ironically reported that Google had spent $1.2 million and ad campaign against AB 886 last year, and that proved to be successful.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I mean, despite being passed in the Assembly in June of last year with notably bipartisan support, the bill stalled in the Senate Judiciary Committee. And also meta went as far as to threaten removing news from its platforms last year. In particular Facebook and Instagram. If the bill became law.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So I imagine the tech industry is going to pour a lot of money into trying to fight this bill again. What’s next for this bill?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>With the recent news out of the L.A. times and this round of layoffs, it’s sort of come up again. Buffy Wicks told the San Francisco Chronicle that this bill and passing it will be a top priority of hers in the coming year. All right. Well, that was my story for the month. Now I want to transition over to our senior editor, Alan Monticello. Alan, what have you been following this month?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>My story is, I would say, the latest chapter in the ongoing fights, argument, public debate, whatever you want to call it. About homeless encampments. San Mateo County will soon make it a crime to camp in public and unincorporated areas where shelter beds are available.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Can you tell us a little bit more about the particular context around homelessness in San Mateo County? Like, why is this happening?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Well, like all regions in the Bay area, San Mateo County has a housing crisis. It has a homelessness crisis. The most recent data, we have estimated about 1800 people who don’t have a place to live. About a third of those are estimated to be living outside or on the streets. Let’s be clear this law is specific to unincorporated parts of the county, that is, parts of the county that are not part of a city. But it does hit at this issue that residents and advocates and public officials are debating over, which is. And what do you do about homeless encampments?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>How is this law going to work?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>There’s a number of criteria that you’d have to meet in order to be charged with a crime. You need to have been given two written warnings and you have to have refused shelter twice. And then on top of that, last week they added a couple more provisions, including that there must be mental health screening before the first warning, and that unhoused people won’t be charged money for storing their belongings. Because what happens a lot during homeless encampments is that people’s belongings get taken away or thrown out or destroyed.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>How do supervisors explain why they want to do this?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>I think it is striking that the board voted unanimously. Our colleague Vanessa Rancaño reported on this for KQED, and one of the people she spoke to was board president Warren Slocum. He really frames it as an issue of public health and safety, saying that, you know, laws like this will help compel people who are otherwise resistant into getting the help that they need resources and, crucially, off the streets.\u003c/p>\n\u003cp>\u003cstrong>Warren Slocum: \u003c/strong>This is a, I think, a positive way to encourage homeless residents to get the mental health and drug. Counseling that they need. Plus, get a roof over their heads.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>I think the operative word there is encourage. There is, I think, much more political will to compel people into shelter, into mental health treatment. If the authorities can show that they’ve refused it.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>That’s what the supporters say. But I imagine a lot of people have something to say about that.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Homelessness advocates are strongly against this, and they and other residents came out and said as much at the Board of Supervisors meeting last week. One of the people who spoke was Tristia Bauman. She’s the directing attorney of housing for the Law Foundation of Silicon Valley. She also spoke with our colleague Vanessa Rancaño about this.\u003c/p>\n\u003cp>\u003cstrong>Tristia Bauman: \u003c/strong>In many ways, it is an example of the failed punitive strategy that, cities and counties have attempted to implement in response to, the growing homelessness crisis.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>And you know, what Tristia and others are saying is, look, you’re just cracking down on people for living outside. You’re not actually getting at the root causes of homelessness. Again, this is a debate we’re very familiar with in the Bay area. Supporters of law like this will say, well, they’ve refused shelter a few times. So we now have the right to clear the encampment and in some cases, charge them with a crime.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Advocates and others would say people refuse congregate shelter for a variety of reasons. People don’t feel safe. Some people might not want to leave their stuff there. Maybe they have pets and they’re not allowed. Shelters have all kinds of different rules. You have to leave during certain hours. And so there’s a whole host of reasons why somebody would much rather live outside than live in a congregate shelter.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>So this debate played out in San Mateo County. It’s played out in Alameda County, Los Angeles, all over the state, and of course, in San Francisco, where, you know, this is a different story, but the US Supreme Court recently agreed to take up a case that gets at a similar question about what authorities can and can’t do with homeless encampments.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, thank you so much for that, Alan. And last but not least, Maria, what do you got for us today?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>We have a another election story, but this time out of San Francisco, where Ryan Khojasteh has officially filed paperwork to declare himself a candidate against Brooke Jenkins in the race for district attorney.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Okay, honestly, that is not a name that I know. Who is this guy? What is his background? What’s his deal?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So he is currently a prosecutor out of Alameda County. He’s 30 years old, which I think is pretty young. And when we’re talking about politics, but I think he’s most known for because he served under Chesa Boudin. But then he was one of 14 other staffers to be fired under Brooke Jenkins when she was appointed as a D.A. by Mayor London Breed.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>And according to the San Francisco Chronicle, he did say that he believes that he was fired because he wrote an article that was published in SFGate, where he basically talks about reforms that were implemented under Chesa Boudin. That should have continued.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Well, that’s a good segue to the to my next question, Maria, which is what is Ryan Khojasteh: running on?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So this is interesting because he describes himself as having a moderate approach between Chesa Boudin and Brooke Jenkins. And he talked to our colleague Erika Kelly a little bit about this.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>I would view the past D.A. as progressive and the current DA’s conservative. And I hope to bring a balance and be a responsible, moderating voice on public safety.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>He talks about both being someone that is willing to prosecute, but he also, at the policy level, is pushing against some of the things that Brooke Jenkins has done.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>You look at Brooke Jenkins reviving failed policies like the war on drugs. Of course, drug overdose deaths will reach a record level if you just arrest drug users.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Yet he’s also willing to prosecute and work with police.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>I’ve actually prosecuted crime and made difficult decisions to hold people in custody. I’ve asked for jail time and have asked for prison time. I’ve worked directly with police and victims.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>While San Francisco voters won’t be voting on a Da this March, they will be in November. Right? And he is essentially the first candidate to announce that he’s running against Brooke Jenkins. Is that right? What is the significance of this announcement?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Right now, San Francisco really has risen to the national spotlight when it comes to things like crime and addiction and homelessness. So I imagine that this is particularly a race that is going to get a lot of eyes, a lot of attention, a lot of coverage. And we have our first contender here. I imagine there’s going to be more. And so I think this is really getting the wheels in motion. And, you know, it’s almost feels like the engine is starting to turn on for one of the biggest races this season.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And that is it for The Bay’s monthly news roundup this January. Producer Maria Esquinca, thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Thank you.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And senior editor Alan Montecillo. Thank you.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Go, Niners.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The Bay is a production of member supported KQED. I’m Ericka Cruz Guevarra, thanks so much for listening. Talk to you next time.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1708634561,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":63,"wordCount":2737},"headData":{"title":"January News Roundup: Tech's Role in Media Layoffs, San Mateo County Criminalizes Camping, SF's District Attorney Race | KQED","description":"View the full episode transcript. In this edition of The Bay’s monthly news roundup, Ericka, Maria and Alan discuss how mass layoffs at the L.A. Times have brought renewed attention to a California bill that would force tech companies to pay news outlets, San Mateo County’s vote to make it a crime to camp in certain areas when shelter beds are available, and a former prosecutor under Chesa Boudin who’s decided to enter the race for San Francisco District Attorney. Plus, we introduce our new intern! Links: As layoffs batter L.A. Times, California lawmaker renews push to force Google, Facebook","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"January News Roundup: Tech's Role in Media Layoffs, San Mateo County Criminalizes Camping, SF's District Attorney Race","datePublished":"2024-01-31T11:00:59.000Z","dateModified":"2024-02-22T20:42:41.000Z","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"}}},"source":"The Bay","sourceUrl":"https://www.kqed.org/podcasts/thebay","audioUrl":"https://www.podtrac.com/pts/redirect.mp3/chrt.fm/track/G6C7C3/traffic.megaphone.fm/KQINC9460852209.mp3?updated=1706651093","sticky":false,"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11974251/january-news-roundup-techs-role-in-media-layoffs-san-mateo-county-criminalizes-camping-sfs-district-attorney-race","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp class=\"p2\">\u003ca href=\"#episode-transcript\">\u003ci>View the full episode transcript.\u003c/i>\u003c/a>\u003c/p>\n\u003cp>In this edition of The Bay’s monthly news roundup, Ericka, Maria and Alan discuss how mass layoffs at the \u003cem>L.A. Times\u003c/em> have brought renewed attention to a California bill that would force tech companies to pay news outlets, San Mateo County’s vote to make it a crime to camp in certain areas when shelter beds are available, and a former prosecutor under Chesa Boudin who’s decided to enter the race for San Francisco District Attorney. Plus, we introduce our new intern!\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=KQINC9460852209\" width=\"100%\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>Links:\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"https://www.sfchronicle.com/politics/article/la-times-layoffs-bill-18624182.php\" target=\"_blank\" rel=\"noopener noreferrer\">As layoffs batter L.A. Times, California lawmaker renews push to force Google, Facebook to pay for news\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.sfchronicle.com/bayarea/article/sf-district-attorney-race-khojasteh-18626462.php\" target=\"_blank\" rel=\"noopener noreferrer\">S.F. D.A. Brooke Jenkins fired him. Now he’s running against her\u003c/a>\u003c/li>\n\u003cli>\u003ca href=\"https://www.kqed.org/news/11973307/san-mateo-county-supes-vote-to-criminalize-camping-in-unincorporated-areas\" target=\"_blank\" rel=\"noopener noreferrer\">San Mateo County Supes Vote to Criminalize Camping in Unincorporated Areas\u003c/a>\u003c/li>\n\u003c/ul>\n\u003ch2 id=\"episode-transcript\">Episode Transcript\u003c/h2>\n\u003cp>\u003ci>This is a computer-generated transcript. While our team has reviewed it, there may be errors.\u003c/i>\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>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I’m Ericka Cruz Guevarra, and welcome to the Bay and local news to keep you rooted. And welcome to our first news roundup of the New Year. I don’t know if it’s weird to say Happy New Year anymore, but happy New year.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Happy new year.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>It’s still okay.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>This is where we take some time at the end of the month to sit down with the entire Bay production team, to talk about some of the other stories around the Bay area that we’ve been following this month that we maybe didn’t get to make an episode on. I’m joined by our senior editor, Alan Montecillo What’s up? Alan?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Hello.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And our producer, Maria Esquinca. And also a very special guest, our intern, Eleanor Prickett-Morgan, who is in their second week with us here at KQED. Welcome, Ellie.\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>Hi. Very excited to be here.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, before we dive into our news roundup, l’m wondering if you can just tell us a little bit about yourself and your background.\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>I’m a bay transplant by way of Santa Cruz, and I have spent the past couple of years doing some reporting with KPFA on housing and homelessness. I followed the Wood Street encampment for somewhere around a year through their eviction, and then I’ve continued to follow the community. And, yeah, I’m just really passionate about local news.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And I know you’ve done a lot of stories out of the East Bay, in particular homelessness and housing. What kind of stories are you excited about working on on our show?\u003c/p>\n\u003cp>\u003cstrong>Ellie Prickett-Morgan: \u003c/strong>I’m really excited to kind of expand the different areas of coverage and pretty rooted in Oakland right now. And I’m also really excited to talk about potentially more labor issues, obviously, like the election coming up and maybe some transit stuff too.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, Ellie, thank you so much. It’s really exciting to have you here, and we are so excited to see all the things we make with you. Likewise. And right after the break, we’ll talk about the three stories that the Bay team has been following this month. Stay with us.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And welcome back to The Bay’s monthly news roundup, our first of the year. We’re going to go ahead and start with my story, which is about a recent wave of layoffs in the media industry and the role that some local lawmakers here in the Bay actually believe that tech can and should play in saving the industry from further catastrophe. Last week, the L.A. times laid off 115 journalists, which amounts to more than 20% of the newsroom. Many of the cuts were to culture writers, the team covering LA’s Latino community, the Washington, D.C. bureau, which I mean, of course, is really crazy to think about in an election year.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The union says that the cuts also disproportionately affected black, Latino and Asian American employees, and the paper’s owner, Doctor Patrick Soon-shiong, said the cuts were necessary because the times could no longer lose up to $40 million a year without boosting advertising. It’s also bringing renewed attention to efforts by some California lawmakers to hold tech companies accountable for their role in the plight of the media industry.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Can you explain to us how is the tech industry connected to the news layoffs?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>So, I mean, if you think about back in the day, right, when everyone needs to get newspapers and the main source of revenue for those newspapers was the advertising, the internet platforms like Google and Facebook. As we all know, those platforms have changed the entire industry. Many of these newspapers are no longer making money from advertising in their newspapers. Right, because everyone’s advertising online. And so the logic is that these platforms have contributed to this really devastating climate for news, while at the same time benefiting from the news articles that are posted to their websites.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>In some ways, this is part of a much longer story of local news getting cut and cut and cut. And when you say, you know, California lawmakers are trying to hold tech accountable, how does that factor in to this recent news about the L.A. times?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>There is at least one local lawmaker, Buffy Wicks, Democrat from Oakland, who believes that tech companies including Google, Facebook and Microsoft have really benefited from the work of journalists whose stories end up on these platforms. And basically, there’s this bill called the Journalism Preservation Act, or AB 886 that would require platforms to pay a journalism usage fee to news organizations.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>This isn’t totally new idea, and from what I know, the tech industry is pretty hostile to any notion of paying for content that appears on their platforms. I have to assume something similar is happening in California.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Yeah, I mean, this bill actually stalled in the legislature last year, and its author, Buffy Wicks, decided to table it essentially in part because tech companies spent lots of money in 2023 lobbying California lawmakers and regulators against the bill. The LA times ironically reported that Google had spent $1.2 million and ad campaign against AB 886 last year, and that proved to be successful.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>I mean, despite being passed in the Assembly in June of last year with notably bipartisan support, the bill stalled in the Senate Judiciary Committee. And also meta went as far as to threaten removing news from its platforms last year. In particular Facebook and Instagram. If the bill became law.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So I imagine the tech industry is going to pour a lot of money into trying to fight this bill again. What’s next for this bill?\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>With the recent news out of the L.A. times and this round of layoffs, it’s sort of come up again. Buffy Wicks told the San Francisco Chronicle that this bill and passing it will be a top priority of hers in the coming year. All right. Well, that was my story for the month. Now I want to transition over to our senior editor, Alan Monticello. Alan, what have you been following this month?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>My story is, I would say, the latest chapter in the ongoing fights, argument, public debate, whatever you want to call it. About homeless encampments. San Mateo County will soon make it a crime to camp in public and unincorporated areas where shelter beds are available.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Can you tell us a little bit more about the particular context around homelessness in San Mateo County? Like, why is this happening?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Well, like all regions in the Bay area, San Mateo County has a housing crisis. It has a homelessness crisis. The most recent data, we have estimated about 1800 people who don’t have a place to live. About a third of those are estimated to be living outside or on the streets. Let’s be clear this law is specific to unincorporated parts of the county, that is, parts of the county that are not part of a city. But it does hit at this issue that residents and advocates and public officials are debating over, which is. And what do you do about homeless encampments?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>How is this law going to work?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>There’s a number of criteria that you’d have to meet in order to be charged with a crime. You need to have been given two written warnings and you have to have refused shelter twice. And then on top of that, last week they added a couple more provisions, including that there must be mental health screening before the first warning, and that unhoused people won’t be charged money for storing their belongings. Because what happens a lot during homeless encampments is that people’s belongings get taken away or thrown out or destroyed.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>How do supervisors explain why they want to do this?\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>I think it is striking that the board voted unanimously. Our colleague Vanessa Rancaño reported on this for KQED, and one of the people she spoke to was board president Warren Slocum. He really frames it as an issue of public health and safety, saying that, you know, laws like this will help compel people who are otherwise resistant into getting the help that they need resources and, crucially, off the streets.\u003c/p>\n\u003cp>\u003cstrong>Warren Slocum: \u003c/strong>This is a, I think, a positive way to encourage homeless residents to get the mental health and drug. Counseling that they need. Plus, get a roof over their heads.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>I think the operative word there is encourage. There is, I think, much more political will to compel people into shelter, into mental health treatment. If the authorities can show that they’ve refused it.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>That’s what the supporters say. But I imagine a lot of people have something to say about that.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Homelessness advocates are strongly against this, and they and other residents came out and said as much at the Board of Supervisors meeting last week. One of the people who spoke was Tristia Bauman. She’s the directing attorney of housing for the Law Foundation of Silicon Valley. She also spoke with our colleague Vanessa Rancaño about this.\u003c/p>\n\u003cp>\u003cstrong>Tristia Bauman: \u003c/strong>In many ways, it is an example of the failed punitive strategy that, cities and counties have attempted to implement in response to, the growing homelessness crisis.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>And you know, what Tristia and others are saying is, look, you’re just cracking down on people for living outside. You’re not actually getting at the root causes of homelessness. Again, this is a debate we’re very familiar with in the Bay area. Supporters of law like this will say, well, they’ve refused shelter a few times. So we now have the right to clear the encampment and in some cases, charge them with a crime.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Advocates and others would say people refuse congregate shelter for a variety of reasons. People don’t feel safe. Some people might not want to leave their stuff there. Maybe they have pets and they’re not allowed. Shelters have all kinds of different rules. You have to leave during certain hours. And so there’s a whole host of reasons why somebody would much rather live outside than live in a congregate shelter.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>So this debate played out in San Mateo County. It’s played out in Alameda County, Los Angeles, all over the state, and of course, in San Francisco, where, you know, this is a different story, but the US Supreme Court recently agreed to take up a case that gets at a similar question about what authorities can and can’t do with homeless encampments.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Well, thank you so much for that, Alan. And last but not least, Maria, what do you got for us today?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>We have a another election story, but this time out of San Francisco, where Ryan Khojasteh has officially filed paperwork to declare himself a candidate against Brooke Jenkins in the race for district attorney.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>Okay, honestly, that is not a name that I know. Who is this guy? What is his background? What’s his deal?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So he is currently a prosecutor out of Alameda County. He’s 30 years old, which I think is pretty young. And when we’re talking about politics, but I think he’s most known for because he served under Chesa Boudin. But then he was one of 14 other staffers to be fired under Brooke Jenkins when she was appointed as a D.A. by Mayor London Breed.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>And according to the San Francisco Chronicle, he did say that he believes that he was fired because he wrote an article that was published in SFGate, where he basically talks about reforms that were implemented under Chesa Boudin. That should have continued.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Well, that’s a good segue to the to my next question, Maria, which is what is Ryan Khojasteh: running on?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>So this is interesting because he describes himself as having a moderate approach between Chesa Boudin and Brooke Jenkins. And he talked to our colleague Erika Kelly a little bit about this.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>I would view the past D.A. as progressive and the current DA’s conservative. And I hope to bring a balance and be a responsible, moderating voice on public safety.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>He talks about both being someone that is willing to prosecute, but he also, at the policy level, is pushing against some of the things that Brooke Jenkins has done.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>You look at Brooke Jenkins reviving failed policies like the war on drugs. Of course, drug overdose deaths will reach a record level if you just arrest drug users.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Yet he’s also willing to prosecute and work with police.\u003c/p>\n\u003cp>\u003cstrong>Ryan Khojasteh: \u003c/strong>I’ve actually prosecuted crime and made difficult decisions to hold people in custody. I’ve asked for jail time and have asked for prison time. I’ve worked directly with police and victims.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>While San Francisco voters won’t be voting on a Da this March, they will be in November. Right? And he is essentially the first candidate to announce that he’s running against Brooke Jenkins. Is that right? What is the significance of this announcement?\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Right now, San Francisco really has risen to the national spotlight when it comes to things like crime and addiction and homelessness. So I imagine that this is particularly a race that is going to get a lot of eyes, a lot of attention, a lot of coverage. And we have our first contender here. I imagine there’s going to be more. And so I think this is really getting the wheels in motion. And, you know, it’s almost feels like the engine is starting to turn on for one of the biggest races this season.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And that is it for The Bay’s monthly news roundup this January. Producer Maria Esquinca, thank you so much.\u003c/p>\n\u003cp>\u003cstrong>Maria Esquinca: \u003c/strong>Thank you.\u003c/p>\n\u003cp>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>And senior editor Alan Montecillo. Thank you.\u003c/p>\n\u003cp>\u003cstrong>Alan Montecillo: \u003c/strong>Go, Niners.\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>\u003cstrong>Ericka Cruz Guevarra: \u003c/strong>The Bay is a production of member supported KQED. I’m Ericka Cruz Guevarra, thanks so much for listening. Talk to you next time.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11974251/january-news-roundup-techs-role-in-media-layoffs-san-mateo-county-criminalizes-camping-sfs-district-attorney-race","authors":["8654","11802","11649"],"categories":["news_8"],"tags":["news_93","news_20305","news_33628","news_31041","news_22598"],"featImg":"news_11962789","label":"source_news_11974251"},"news_11971577":{"type":"posts","id":"news_11971577","meta":{"index":"posts_1591205157","site":"news","id":"11971577","score":null,"sort":[1704389564000]},"guestAuthors":[],"slug":"berkeleys-peoples-park-cleared-by-police-7-arrested","title":"Berkeley Update: 3 More Arrested During People's Park Protest","publishDate":1704389564,"format":"standard","headTitle":"Berkeley Update: 3 More Arrested During People’s Park Protest | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Updated 7:55 p.m. Thursday\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Three people were arrested late Thursday afternoon following a skirmish with police – the latest of nearly a dozen arrests made throughout the day as activists squared off with police at and around People’s Park in Berkeley. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hundreds of officers arrived in the middle of the night to clear the site of its occupants in preparation for building student housing at the park. Officers at the time arrested seven people on charges of trespassing, with two cited on additional charges of failure to disperse, said Dan Mogulof, a spokesperson for UC Berkeley, which owns the property. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Throughout the day, construction crews began installing 160 double-stacked shipping containers around the park’s perimeters, as demonstrators gathered at the intersection of Telegraph and Haste avenues outside the park. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971737\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11971737 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Recently installed shipping containers line Bowditch Street on the eastern side of People’s Park in Berkeley on Jan. 4, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">While “very peaceful” throughout the day, Berkeley police Officer Jessica Perry said one other person was arrested around 1:10 p.m. on charges of theft and resisting arrest after they moved a barricade, bringing the total number of arrests for the day to 11, according to UC Berkeley and Berkeley police. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Up until the skirmish in the late afternoon, the demonstrators had been playing music and eating donated pizza and cookies. Some were making or holding signs reading, “The people are the park,” and “Our people, our park” as several dozen officers in riot gear faced them from behind a barricade.\u003c/span>\u003c/p>\n\u003cp>Berkeley police said protesters were attempting to remove barricades at the perimeter of the park, and an “altercation occurred” with officers at 4:40 p.m. Two women and one man were arrested on charges including resisting arrest and battery, according to police.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“What else can I do besides bring food for people?” said Alejandro Garcia, 31, pizza boxes in tow. “So they can spend time here and at least try to put some pressure, at least congregate, at least show we aren’t happy about this.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hundreds of officers were still on scene as of late Thursday afternoon. Mogulof said the officers would remain there until construction of the barricade is complete, after which security guards would patrol the area. He couldn’t give an exact estimate for when that would happen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Work is proceeding faster than expected,” he said. “We have some reasonable optimism it will be sooner than our original projection [of three-to-four days].”\u003c/span>\u003c/p>\n\u003cp>https://twitter.com/vanessarancano/status/1742970222506828121\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The standoff is the latest in a half-century-long battle over the park’s fate. The university intends to build 1,100 units of student housing on the park, with at least 100 units of housing for people exiting homelessness. Roughly 60% of the 2.8-acre site will remain open to the public,\u003c/span>\u003ca href=\"https://peoplesparkhousing.berkeley.edu/\"> \u003cspan style=\"font-weight: 400\">according to UC Berkeley\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Janette Reid, a Berkeley resident and former Cal student, came to UC Berkeley in 1967. She was there in 1969, when the park became a landmark for the antiwar and Free Speech movements and when thousands of protestors faced off with police in the deadly confrontation known as “Bloody Thursday.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“All this was so unnecessary,” Reid said. “If you told me back then that more than a half century later, we would still be squabbling over this plot of ground, I would have said, ‘That’s insane.'”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For Coco Rosos, 21, who grew up in Berkeley with the park as a historical landmark for political activism and as a refuge for unhoused people who camp there, the park is a vital piece of the city’s identity. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s important for people in Berkeley to understand that there is a location where people can come to where there are no prerequisites,” Rosos said. “You don’t need anything else other than being human.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971731\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11971731\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andrea Pritchett leads a crowd of demonstrators in chanting ‘Whose park? Our park,’ outside of People’s Park in Berkeley on Jan. 4, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email to students, UC Berkeley Chancellor Carol Christ said the housing at this site is part of its broader Student Housing Initiative launched in 2017. The initiative aims to add 9,000 student beds, doubling the number available in university-owned and operated housing. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That, in turn, means the university must build on every feasible university-owned site in close proximity to the campus,” she wrote. “The housing planned for the People’s Park site is an essential and inseparable part of our efforts to ensure there is equity of experience for every student.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size=\"medium\" align=\"right\" citation=\"Enrique Marisol, a UC Berkeley graduate\"]‘[The officers are] cutting into the kitchen from three different directions, yelling all three directions, yelling different things at us, telling us to back up in different spaces, and we’re like, ‘We can’t back up anymore.”[/pullquote]Enrique Marisol, 23, was inside a makeshift kitchen at the park Wednesday evening when officers arrived. They described a chaotic scene as officers used chainsaws to enter the kitchen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I heard a bunch of screaming and yelling from outside, and before I could even climb back up to get out of the kitchen, there were two more people climbing in and slamming the door behind them,” they said. “[The officers are] cutting into the kitchen from three different directions, yelling all three directions, yelling different things at us, telling us to back up in different spaces, and we’re like, ‘We can’t back up anymore.'”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Marisol said they were one of the seven arrested on trespassing charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">UC Berkeley spokesperson Kyle Gibson said the university’s goal is to ensure the park’s closure is “as peaceful as possible.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’ve had a very successful morning,” Gibson said, adding that the park would reopen after construction is complete. “Over two-thirds of this site will be a brand new public park that will be open to the community and will not be fenced.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Work to construct the planned student housing at the park stalled in February 2023 after\u003c/span>\u003ca href=\"https://www.kqed.org/news/11941907/appeals-court-sends-uc-berkeley-back-to-the-drawing-board-on-peoples-park-development\"> \u003cspan style=\"font-weight: 400\">an appeals court ruled\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> UC Berkeley could not move forward with construction until it evaluated other possible sites for the housing and addressed concerns that noise pollution from students would impact neighbors.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But in September, Gov. Gavin Newsom signed a bill by Berkeley Democratic Asm. Buffy Wicks that effectively makes that ruling moot. AB 1307 amends California’s sweeping Environmental Quality Act (CEQA) by no longer requiring housing developers to first study potential noise levels generated by future tenants. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971733\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11971733 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Construction crews work in People’s Park in Berkeley on Jan. 4, 2024.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Lev Marcus, a 28-year-old who said he grew up in Berkeley, understands the need for more housing in the area but also sees a need for more open space as the city adds new residents. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I totally sympathize with wanting to build more student housing,” he said. “I just think that with the more people we have, the more parks we need. We shouldn’t be taking away parks, we should be adding more.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Marc Allen Louis Don, 42, spent time living in the park, beginning in 2014 during a bout of homelessness and at various points since then. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was very helpful,” he said. “I got acquainted and familiar with a lot of the people who were communally permanent here, and they had no other place to go.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Christ said that between the summer of 2022 and October 2023, 89 people living at the park had accepted offers of transitional housing. In November 2023, a census of the site found 25 people living at the park. The university then partnered with the city on a $1 million lease of the Quality Inn motel, which includes social and other supportive services provided by the Dorothy Day House. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Twenty-one of the 25 unhoused people on the site accepted the offer and are now on the path to permanent housing,” she said. “[Wednesday] night, alternative transitional housing, and storage for belongings were offered to every unhoused person when the park was closed, an offer that remains available for all who need and want it.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[pullquote size=\"medium\" align=\"right\" citation=\"UC Berkeley Chancellor Carol Christ\"]‘We decided to take this necessary step during winter break to minimize the possibility of disruption for the public and our students when we are eventually cleared to resume construction.’[/pullquote]\u003c/span>\u003cspan style=\"font-weight: 400\">Although construction cannot begin until the legal case is resolved, Christ said she believes the courts have “repeatedly affirmed the university’s ability to enforce the site’s legal status as a closed construction zone.” Construction crews planned Thursday to continue working to set up shipping containers around the park, she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We decided to take this necessary step during winter break to minimize the possibility of disruption for the public and our students when we are eventually cleared to resume construction,” she wrote.\u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">KQED’s Holly McDede, Adhiti Bandlamudi and Brian Krans contributed to this report. \u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[ad fullwidth]\u003c/span>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Seven people were arrested early Thursday morning after dozens of police officers surrounded People's Park in Berkeley and faced off with activists occupying the site. ","status":"publish","parent":0,"modified":1704571441,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":35,"wordCount":1615},"headData":{"title":"Berkeley Update: 3 More Arrested During People's Park Protest | KQED","description":"Seven people were arrested early Thursday morning after dozens of police officers surrounded People's Park in Berkeley and faced off with activists occupying the site. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Berkeley Update: 3 More Arrested During People's Park Protest","datePublished":"2024-01-04T17:32:44.000Z","dateModified":"2024-01-06T20:04:01.000Z","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","articleAge":"0","path":"/news/11971577/berkeleys-peoples-park-cleared-by-police-7-arrested","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">Updated 7:55 p.m. Thursday\u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Three people were arrested late Thursday afternoon following a skirmish with police – the latest of nearly a dozen arrests made throughout the day as activists squared off with police at and around People’s Park in Berkeley. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hundreds of officers arrived in the middle of the night to clear the site of its occupants in preparation for building student housing at the park. Officers at the time arrested seven people on charges of trespassing, with two cited on additional charges of failure to disperse, said Dan Mogulof, a spokesperson for UC Berkeley, which owns the property. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Throughout the day, construction crews began installing 160 double-stacked shipping containers around the park’s perimeters, as demonstrators gathered at the intersection of Telegraph and Haste avenues outside the park. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971737\" class=\"wp-caption alignnone\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11971737 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-02-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Recently installed shipping containers line Bowditch Street on the eastern side of People’s Park in Berkeley on Jan. 4, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">While “very peaceful” throughout the day, Berkeley police Officer Jessica Perry said one other person was arrested around 1:10 p.m. on charges of theft and resisting arrest after they moved a barricade, bringing the total number of arrests for the day to 11, according to UC Berkeley and Berkeley police. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Up until the skirmish in the late afternoon, the demonstrators had been playing music and eating donated pizza and cookies. Some were making or holding signs reading, “The people are the park,” and “Our people, our park” as several dozen officers in riot gear faced them from behind a barricade.\u003c/span>\u003c/p>\n\u003cp>Berkeley police said protesters were attempting to remove barricades at the perimeter of the park, and an “altercation occurred” with officers at 4:40 p.m. Two women and one man were arrested on charges including resisting arrest and battery, according to police.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“What else can I do besides bring food for people?” said Alejandro Garcia, 31, pizza boxes in tow. “So they can spend time here and at least try to put some pressure, at least congregate, at least show we aren’t happy about this.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Hundreds of officers were still on scene as of late Thursday afternoon. Mogulof said the officers would remain there until construction of the barricade is complete, after which security guards would patrol the area. He couldn’t give an exact estimate for when that would happen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Work is proceeding faster than expected,” he said. “We have some reasonable optimism it will be sooner than our original projection [of three-to-four days].”\u003c/span>\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1742970222506828121"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003cspan style=\"font-weight: 400\">The standoff is the latest in a half-century-long battle over the park’s fate. The university intends to build 1,100 units of student housing on the park, with at least 100 units of housing for people exiting homelessness. Roughly 60% of the 2.8-acre site will remain open to the public,\u003c/span>\u003ca href=\"https://peoplesparkhousing.berkeley.edu/\"> \u003cspan style=\"font-weight: 400\">according to UC Berkeley\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\">.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Janette Reid, a Berkeley resident and former Cal student, came to UC Berkeley in 1967. She was there in 1969, when the park became a landmark for the antiwar and Free Speech movements and when thousands of protestors faced off with police in the deadly confrontation known as “Bloody Thursday.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“All this was so unnecessary,” Reid said. “If you told me back then that more than a half century later, we would still be squabbling over this plot of ground, I would have said, ‘That’s insane.'”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">For Coco Rosos, 21, who grew up in Berkeley with the park as a historical landmark for political activism and as a refuge for unhoused people who camp there, the park is a vital piece of the city’s identity. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It’s important for people in Berkeley to understand that there is a location where people can come to where there are no prerequisites,” Rosos said. “You don’t need anything else other than being human.”\u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971731\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11971731\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-12-KQED-1920x1280.jpg 1920w\" sizes=\"(max-width: 2000px) 100vw, 2000px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Andrea Pritchett leads a crowd of demonstrators in chanting ‘Whose park? Our park,’ outside of People’s Park in Berkeley on Jan. 4, 2024. \u003ccite>(Martin do Nascimento/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">In an email to students, UC Berkeley Chancellor Carol Christ said the housing at this site is part of its broader Student Housing Initiative launched in 2017. The initiative aims to add 9,000 student beds, doubling the number available in university-owned and operated housing. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“That, in turn, means the university must build on every feasible university-owned site in close proximity to the campus,” she wrote. “The housing planned for the People’s Park site is an essential and inseparable part of our efforts to ensure there is equity of experience for every student.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘[The officers are] cutting into the kitchen from three different directions, yelling all three directions, yelling different things at us, telling us to back up in different spaces, and we’re like, ‘We can’t back up anymore.”","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Enrique Marisol, a UC Berkeley graduate","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Enrique Marisol, 23, was inside a makeshift kitchen at the park Wednesday evening when officers arrived. They described a chaotic scene as officers used chainsaws to enter the kitchen.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I heard a bunch of screaming and yelling from outside, and before I could even climb back up to get out of the kitchen, there were two more people climbing in and slamming the door behind them,” they said. “[The officers are] cutting into the kitchen from three different directions, yelling all three directions, yelling different things at us, telling us to back up in different spaces, and we’re like, ‘We can’t back up anymore.'”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Marisol said they were one of the seven arrested on trespassing charges. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">UC Berkeley spokesperson Kyle Gibson said the university’s goal is to ensure the park’s closure is “as peaceful as possible.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We’ve had a very successful morning,” Gibson said, adding that the park would reopen after construction is complete. “Over two-thirds of this site will be a brand new public park that will be open to the community and will not be fenced.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Work to construct the planned student housing at the park stalled in February 2023 after\u003c/span>\u003ca href=\"https://www.kqed.org/news/11941907/appeals-court-sends-uc-berkeley-back-to-the-drawing-board-on-peoples-park-development\"> \u003cspan style=\"font-weight: 400\">an appeals court ruled\u003c/span>\u003c/a>\u003cspan style=\"font-weight: 400\"> UC Berkeley could not move forward with construction until it evaluated other possible sites for the housing and addressed concerns that noise pollution from students would impact neighbors.\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">But in September, Gov. Gavin Newsom signed a bill by Berkeley Democratic Asm. Buffy Wicks that effectively makes that ruling moot. AB 1307 amends California’s sweeping Environmental Quality Act (CEQA) by no longer requiring housing developers to first study potential noise levels generated by future tenants. \u003c/span>\u003c/p>\n\u003cfigure id=\"attachment_11971733\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-11971733 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-2048x1365.jpg 2048w, https://cdn.kqed.org/wp-content/uploads/sites/10/2024/01/240104-PEOPLES-PARK-MD-05-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Construction crews work in People’s Park in Berkeley on Jan. 4, 2024.\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cspan style=\"font-weight: 400\">Lev Marcus, a 28-year-old who said he grew up in Berkeley, understands the need for more housing in the area but also sees a need for more open space as the city adds new residents. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“I totally sympathize with wanting to build more student housing,” he said. “I just think that with the more people we have, the more parks we need. We shouldn’t be taking away parks, we should be adding more.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Marc Allen Louis Don, 42, spent time living in the park, beginning in 2014 during a bout of homelessness and at various points since then. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“It was very helpful,” he said. “I got acquainted and familiar with a lot of the people who were communally permanent here, and they had no other place to go.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Christ said that between the summer of 2022 and October 2023, 89 people living at the park had accepted offers of transitional housing. In November 2023, a census of the site found 25 people living at the park. The university then partnered with the city on a $1 million lease of the Quality Inn motel, which includes social and other supportive services provided by the Dorothy Day House. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“Twenty-one of the 25 unhoused people on the site accepted the offer and are now on the path to permanent housing,” she said. “[Wednesday] night, alternative transitional housing, and storage for belongings were offered to every unhoused person when the park was closed, an offer that remains available for all who need and want it.”\u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We decided to take this necessary step during winter break to minimize the possibility of disruption for the public and our students when we are eventually cleared to resume construction.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"UC Berkeley Chancellor Carol Christ","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>\u003cspan style=\"font-weight: 400\">Although construction cannot begin until the legal case is resolved, Christ said she believes the courts have “repeatedly affirmed the university’s ability to enforce the site’s legal status as a closed construction zone.” Construction crews planned Thursday to continue working to set up shipping containers around the park, she said. \u003c/span>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">“We decided to take this necessary step during winter break to minimize the possibility of disruption for the public and our students when we are eventually cleared to resume construction,” she wrote.\u003c/span>\u003c/p>\n\u003cp>\u003ci>\u003cspan style=\"font-weight: 400\">KQED’s Holly McDede, Adhiti Bandlamudi and Brian Krans contributed to this report. \u003c/span>\u003c/i>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\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/span>\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/11971577/berkeleys-peoples-park-cleared-by-police-7-arrested","authors":["11652","11276","11761"],"categories":["news_8"],"tags":["news_3921","news_31473","news_27626","news_20305","news_1775","news_29198"],"featImg":"news_11971724","label":"news"},"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_11961346":{"type":"posts","id":"news_11961346","meta":{"index":"posts_1591205157","site":"news","id":"11961346","score":null,"sort":[1694874610000]},"guestAuthors":[],"slug":"gavin-newsoms-mental-health-plan-heads-to-voters-heres-what-to-know","title":"Gavin Newsom's Mental Health Plan Heads to Voters. Here's What to Know","publishDate":1694874610,"format":"standard","headTitle":"Gavin Newsom’s Mental Health Plan Heads to Voters. Here’s What to Know | KQED","labelTerm":{"term":18481,"site":"news"},"content":"\u003cp>California voters next spring will get to decide on a ballot measure to create housing and treatment options for unhoused individuals with serious mental illness. If it passes, the measure championed by Gov. Gavin Newsom would mark the first major overhaul of the state’s community mental health system in 20 years.\u003c/p>\n\u003cp>The two-pronged proposition on the March primary election ballot includes a nearly $6.4 billion bond to build 10,000 psychiatric treatment units. It also asks voters to redefine how counties spend money collected from a special “millionaire’s tax” to allocate a share of it for housing.\u003c/p>\n\u003cp>Newsom and supporters have promoted Proposition 1 as a way to help address the state’s deteriorating homelessness and addiction crises. They contend that increased investment and an update to the state’s Mental Health Services Act are “long overdue.”\u003c/p>\n\u003cp>The Legislature on Thursday overwhelmingly backed his proposal, with lopsided votes to place it on the 2024 ballot. Newsom still must sign the bills, and he said he would in a written statement after a late-night vote in the Assembly.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“These measures represent a key part of the solution to our homelessness crisis, and improving mental health for kids and families,” Newsom said. “Now, it will be up to voters to ratify the most significant changes to California’s mental health system in more than 50 years.”\u003c/p>\n\u003cp>Opponents of the ballot measure say diverting money in the Mental Health Services Act for housing will result in up to $1 billion in cuts to\u003ca href=\"https://lao.ca.gov/Publications/Report/4782\"> current mental health programs\u003c/a> like outpatient care and crisis response. Other advocates criticize the governor for making last-minute changes to the bond, allowing the money to be spent on involuntary treatment institutions.\u003c/p>\n\u003cp>So what exactly are voters being asked to consider? Here’s how the proposal breaks down.\u003c/p>\n\u003ch2>What is the Mental Health Services Act?\u003c/h2>\n\u003cp>The Mental Health Services Act, which voters passed as a ballot measure in 2004, levies a 1% tax on personal income over $1 million. It passed at a time when the state’s mental health system was severely underfunded. Since then, the tax has generated an estimated $26 billion for county mental health programs. Last year the tax garnered more than $3 billion. It supports roughly one-third of the state’s mental health system. [pullquote size=\"medium\" align=\"right\" citation=\"Gov. Gavin Newsom\"]‘These measures represent a key part of the solution to our homelessness crisis, and improving mental health for kids and families.’[/pullquote] The tax is not California’s only source of revenue for mental health programs. The state also receives money from Medi-Cal, and it spends a portion of its general fund on those services. Those sources come with strict spending limitations. For example, Medi-Cal primarily pays for treatment of mental health disorders but will not cover prevention programs. It also will not pay for inpatient treatment at a facility with more than 16 beds.\u003c/p>\n\u003cp>Counties have come to rely on the relative flexibility of Mental Health Services Act dollars to pay for core services like outpatient care, outreach and engagement, school-based counseling, youth wellness programs, family resource centers, and crisis response teams.\u003c/p>\n\u003ch2>What does Newsom want to do?\u003c/h2>\n\u003cp>The most significant change put forth by the governor is a requirement that counties invest 30% of their Mental Health Services Act tax dollars — roughly $1 billion based on last year’s revenue — in housing programs, including rental subsidies and navigation services. Counties would have to spend half this money on people who are chronically homeless or living in encampments. They could also use up to one-quarter of the money to build or purchase housing units.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinberg has been a staunch supporter of Newsom’s proposal. Steinberg was one of the co-authors of the Mental Health Services Act when he was an Assembly member in 2004.\u003c/p>\n\u003cp>“To put it plainly, not enough of the Mental Health Services Act dollars are getting out to the people with the most persistent mental illnesses, specifically people who are chronically homeless and living with those underlying conditions,” Steinberg said during a press call in August. “So that’s where you start.”\u003c/p>\n\u003cp>The ballot measure puts counties on the hook for paying for substance use disorder treatment with Mental Health Services Act money. Counties have historically paid for addiction treatment with other funding.\u003c/p>\n\u003cp>And, it\u003cstrong> \u003c/strong>renames the program as the Behavioral Health Services Act.\u003c/p>\n\u003cfigure id=\"attachment_11961360\" class=\"wp-caption aligncenter\" style=\"max-width: 2400px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11961360\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02.jpeg\" alt=\"Gov. Gavin Newsom is pictured with his hands out as he speak to many folks in a warehouse in front of a microphone.\" width=\"2400\" height=\"1600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02.jpeg 2400w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-2048x1365.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1920x1280.jpeg 1920w\" sizes=\"(max-width: 2400px) 100vw, 2400px\">\u003cfigcaption class=\"wp-caption-text\">Flanked by state and local politicians, Newsom announced the state’s plan to address homelessness across the state at Cal Expo in Sacramento, on March 16, 2023. \u003ccite>(Miguel Gutierrez Jr./CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What will the bond measure do?\u003c/h2>\n\u003cp>The second half of Newsom’s proposal places a $6.4 billion general obligation bond before voters to dramatically expand the state’s psychiatric and addiction treatment infrastructure. [pullquote size=\"medium\" align=\"right\" citation=\"Sacramento Mayor Darrell Steinberg\"]‘To put it plainly, not enough of the Mental Health Services Act dollars are getting out to the people with the most persistent mental illnesses, specifically people who are chronically homeless and living with those underlying conditions.’[/pullquote] Nearly $4.4 billion would go toward building inpatient and residential treatment beds and could serve 100,000 people annually, officials said. California faces a shortage of \u003ca href=\"https://www.rand.org/content/dam/rand/pubs/testimonies/CTA2700/CTA2742-1/RAND_CTA2742-1.pdf\">nearly 8,000 adult psychiatric beds (PDF)\u003c/a>, said Nicole Eberhart, senior behavioral health scientist for the RAND Corporation, during testimony to an Assembly budget subcommittee in May. Long waitlists plague the state’s inpatient mental health system, and doctors say there’s nowhere to send stable patients who need long-term treatment focused on recovery.\u003c/p>\n\u003cp>Another $2 billion will go toward building permanent supportive housing, with half set aside for veterans with mental health diagnoses or addiction disorders.\u003c/p>\n\u003ch2>How many people are unhoused in California?\u003c/h2>\n\u003cp>More than 170,000 Californians are unhoused, the vast majority of whom live in street encampments. California has the highest homeless rate per 10,000 people, second only to the District of Columbia, and the highest proportion of unsheltered homeless individuals in the country, according to federal data.\u003c/p>\n\u003cp>A \u003ca href=\"https://calmatters.org/housing/2023/06/california-homeless-growth-report/\">landmark study by the UCSF Benioff Homelessness and Housing Initiative\u003c/a> found about two-thirds of unhoused Californians surveyed suffered from a mental health disorder but only 19% had received recent treatment. The driving force behind homelessness, however, was most often income loss, not mental illness or addiction, \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">according to the study\u003c/a>. [aside label='More Around California' tag='california-law']\u003c/p>\n\u003ch2>Who are the supporters?\u003c/h2>\n\u003cp>Sen. Susan Talamantes-Eggman, a Democrat from Stockton, carried the proposed reform of the Mental Health Services Act in the Legislature. During Thursday’s Senate concurrence vote, Talamantes-Eggman said the way counties spend state mental health funding needs to address changes that have happened in the two decades since the act was first designed.\u003c/p>\n\u003cp>Assemblymember Jacqui Irwin, a Democrat from Thousand Oaks, carried the bond proposal in the Legislature.\u003c/p>\n\u003cp>Mayors and county supervisors from eight major regions, including San Francisco and Los Angeles, successfully lobbied to increase funding for the bond measure by $1.5 billion. City leaders were early supporters of the measure with more than two dozen submitting letters of support along with housing and homeless advocates and the National Alliance on Mental Illness California.\u003c/p>\n\u003ch2>Who are the opponents?\u003c/h2>\n\u003cp>Peer-run and disability organizations have been the staunchest opponents of the changes proposed in the ballot measure. They argue current clients will lose treatment options and accuse Newsom’s administration of using the proposal to fund his \u003ca href=\"https://calmatters.org/housing/2023/08/care-court-california-start/\">CARE Court initiative\u003c/a> that passed last year. That law allows a court to place someone with a serious mental illness into an involuntary treatment program. [pullquote size=\"medium\" align=\"right\" citation=\"Paul Simmons, executive director, Depression and Bipolar Support Alliance\"]‘This is a really tough time for our communities. Our concern with [the proposition] is massive increases in involuntary and forced treatment.’[/pullquote] Groups representing people of color and LGBTQ+ communities also oppose the measure. They say it will eliminate prevention resources and worsen already stark disparities in access to treatment. Resource centers that target these populations are among the services most likely to get cut, county behavioral health leaders have said in public hearing.\u003c/p>\n\u003cp>The bond measure, which previously faced no opposition, drew fierce criticism from peer and disability advocates after last-minute amendments \u003ca href=\"https://calmatters.org/health/mental-health/2023/09/mental-health-bond-gavin-newsom-amendments/\">allowed the money to be used on involuntary treatment facilities\u003c/a>.\u003c/p>\n\u003cp>“This is a really tough time for our communities,” said Paul Simmons, executive director of the Depression and Bipolar Support Alliance. “Our concern with [the proposition] is massive increases in involuntary and forced treatment.”\u003c/p>\n\u003cp>Children and family advocates withdrew previous opposition after securing significant concessions from the governor requiring 51% of spending on early intervention be targeted toward children and youth.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Some of the money from a state tax on high incomes supporting mental health services will aid housing for those experiencing homelessness and mental illness. ","status":"publish","parent":0,"modified":1694812702,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":27,"wordCount":1509},"headData":{"title":"Gavin Newsom's Mental Health Plan Heads to Voters. Here's What to Know | KQED","description":"Some of the money from a state tax on high incomes supporting mental health services will aid housing for those experiencing homelessness and mental illness. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Gavin Newsom's Mental Health Plan Heads to Voters. Here's What to Know","datePublished":"2023-09-16T14:30:10.000Z","dateModified":"2023-09-15T21:18:22.000Z","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/kristen-hwang/\">Kristen Hwang\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11961346/gavin-newsoms-mental-health-plan-heads-to-voters-heres-what-to-know","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California voters next spring will get to decide on a ballot measure to create housing and treatment options for unhoused individuals with serious mental illness. If it passes, the measure championed by Gov. Gavin Newsom would mark the first major overhaul of the state’s community mental health system in 20 years.\u003c/p>\n\u003cp>The two-pronged proposition on the March primary election ballot includes a nearly $6.4 billion bond to build 10,000 psychiatric treatment units. It also asks voters to redefine how counties spend money collected from a special “millionaire’s tax” to allocate a share of it for housing.\u003c/p>\n\u003cp>Newsom and supporters have promoted Proposition 1 as a way to help address the state’s deteriorating homelessness and addiction crises. They contend that increased investment and an update to the state’s Mental Health Services Act are “long overdue.”\u003c/p>\n\u003cp>The Legislature on Thursday overwhelmingly backed his proposal, with lopsided votes to place it on the 2024 ballot. Newsom still must sign the bills, and he said he would in a written statement after a late-night vote in the Assembly.\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>“These measures represent a key part of the solution to our homelessness crisis, and improving mental health for kids and families,” Newsom said. “Now, it will be up to voters to ratify the most significant changes to California’s mental health system in more than 50 years.”\u003c/p>\n\u003cp>Opponents of the ballot measure say diverting money in the Mental Health Services Act for housing will result in up to $1 billion in cuts to\u003ca href=\"https://lao.ca.gov/Publications/Report/4782\"> current mental health programs\u003c/a> like outpatient care and crisis response. Other advocates criticize the governor for making last-minute changes to the bond, allowing the money to be spent on involuntary treatment institutions.\u003c/p>\n\u003cp>So what exactly are voters being asked to consider? Here’s how the proposal breaks down.\u003c/p>\n\u003ch2>What is the Mental Health Services Act?\u003c/h2>\n\u003cp>The Mental Health Services Act, which voters passed as a ballot measure in 2004, levies a 1% tax on personal income over $1 million. It passed at a time when the state’s mental health system was severely underfunded. Since then, the tax has generated an estimated $26 billion for county mental health programs. Last year the tax garnered more than $3 billion. It supports roughly one-third of the state’s mental health system. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘These measures represent a key part of the solution to our homelessness crisis, and improving mental health for kids and families.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Gov. Gavin Newsom","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> The tax is not California’s only source of revenue for mental health programs. The state also receives money from Medi-Cal, and it spends a portion of its general fund on those services. Those sources come with strict spending limitations. For example, Medi-Cal primarily pays for treatment of mental health disorders but will not cover prevention programs. It also will not pay for inpatient treatment at a facility with more than 16 beds.\u003c/p>\n\u003cp>Counties have come to rely on the relative flexibility of Mental Health Services Act dollars to pay for core services like outpatient care, outreach and engagement, school-based counseling, youth wellness programs, family resource centers, and crisis response teams.\u003c/p>\n\u003ch2>What does Newsom want to do?\u003c/h2>\n\u003cp>The most significant change put forth by the governor is a requirement that counties invest 30% of their Mental Health Services Act tax dollars — roughly $1 billion based on last year’s revenue — in housing programs, including rental subsidies and navigation services. Counties would have to spend half this money on people who are chronically homeless or living in encampments. They could also use up to one-quarter of the money to build or purchase housing units.\u003c/p>\n\u003cp>Sacramento Mayor Darrell Steinberg has been a staunch supporter of Newsom’s proposal. Steinberg was one of the co-authors of the Mental Health Services Act when he was an Assembly member in 2004.\u003c/p>\n\u003cp>“To put it plainly, not enough of the Mental Health Services Act dollars are getting out to the people with the most persistent mental illnesses, specifically people who are chronically homeless and living with those underlying conditions,” Steinberg said during a press call in August. “So that’s where you start.”\u003c/p>\n\u003cp>The ballot measure puts counties on the hook for paying for substance use disorder treatment with Mental Health Services Act money. Counties have historically paid for addiction treatment with other funding.\u003c/p>\n\u003cp>And, it\u003cstrong> \u003c/strong>renames the program as the Behavioral Health Services Act.\u003c/p>\n\u003cfigure id=\"attachment_11961360\" class=\"wp-caption aligncenter\" style=\"max-width: 2400px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11961360\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02.jpeg\" alt=\"Gov. Gavin Newsom is pictured with his hands out as he speak to many folks in a warehouse in front of a microphone.\" width=\"2400\" height=\"1600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02.jpeg 2400w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-800x533.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1020x680.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-160x107.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1536x1024.jpeg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-2048x1365.jpeg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2023/09/CMNewsom02-1920x1280.jpeg 1920w\" sizes=\"(max-width: 2400px) 100vw, 2400px\">\u003cfigcaption class=\"wp-caption-text\">Flanked by state and local politicians, Newsom announced the state’s plan to address homelessness across the state at Cal Expo in Sacramento, on March 16, 2023. \u003ccite>(Miguel Gutierrez Jr./CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003ch2>What will the bond measure do?\u003c/h2>\n\u003cp>The second half of Newsom’s proposal places a $6.4 billion general obligation bond before voters to dramatically expand the state’s psychiatric and addiction treatment infrastructure. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘To put it plainly, not enough of the Mental Health Services Act dollars are getting out to the people with the most persistent mental illnesses, specifically people who are chronically homeless and living with those underlying conditions.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Sacramento Mayor Darrell Steinberg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> Nearly $4.4 billion would go toward building inpatient and residential treatment beds and could serve 100,000 people annually, officials said. California faces a shortage of \u003ca href=\"https://www.rand.org/content/dam/rand/pubs/testimonies/CTA2700/CTA2742-1/RAND_CTA2742-1.pdf\">nearly 8,000 adult psychiatric beds (PDF)\u003c/a>, said Nicole Eberhart, senior behavioral health scientist for the RAND Corporation, during testimony to an Assembly budget subcommittee in May. Long waitlists plague the state’s inpatient mental health system, and doctors say there’s nowhere to send stable patients who need long-term treatment focused on recovery.\u003c/p>\n\u003cp>Another $2 billion will go toward building permanent supportive housing, with half set aside for veterans with mental health diagnoses or addiction disorders.\u003c/p>\n\u003ch2>How many people are unhoused in California?\u003c/h2>\n\u003cp>More than 170,000 Californians are unhoused, the vast majority of whom live in street encampments. California has the highest homeless rate per 10,000 people, second only to the District of Columbia, and the highest proportion of unsheltered homeless individuals in the country, according to federal data.\u003c/p>\n\u003cp>A \u003ca href=\"https://calmatters.org/housing/2023/06/california-homeless-growth-report/\">landmark study by the UCSF Benioff Homelessness and Housing Initiative\u003c/a> found about two-thirds of unhoused Californians surveyed suffered from a mental health disorder but only 19% had received recent treatment. The driving force behind homelessness, however, was most often income loss, not mental illness or addiction, \u003ca href=\"https://homelessness.ucsf.edu/our-impact/our-studies/california-statewide-study-people-experiencing-homelessness\">according to the study\u003c/a>. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More Around California ","tag":"california-law"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>Who are the supporters?\u003c/h2>\n\u003cp>Sen. Susan Talamantes-Eggman, a Democrat from Stockton, carried the proposed reform of the Mental Health Services Act in the Legislature. During Thursday’s Senate concurrence vote, Talamantes-Eggman said the way counties spend state mental health funding needs to address changes that have happened in the two decades since the act was first designed.\u003c/p>\n\u003cp>Assemblymember Jacqui Irwin, a Democrat from Thousand Oaks, carried the bond proposal in the Legislature.\u003c/p>\n\u003cp>Mayors and county supervisors from eight major regions, including San Francisco and Los Angeles, successfully lobbied to increase funding for the bond measure by $1.5 billion. City leaders were early supporters of the measure with more than two dozen submitting letters of support along with housing and homeless advocates and the National Alliance on Mental Illness California.\u003c/p>\n\u003ch2>Who are the opponents?\u003c/h2>\n\u003cp>Peer-run and disability organizations have been the staunchest opponents of the changes proposed in the ballot measure. They argue current clients will lose treatment options and accuse Newsom’s administration of using the proposal to fund his \u003ca href=\"https://calmatters.org/housing/2023/08/care-court-california-start/\">CARE Court initiative\u003c/a> that passed last year. That law allows a court to place someone with a serious mental illness into an involuntary treatment program. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘This is a really tough time for our communities. Our concern with [the proposition] is massive increases in involuntary and forced treatment.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Paul Simmons, executive director, Depression and Bipolar Support Alliance","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp> Groups representing people of color and LGBTQ+ communities also oppose the measure. They say it will eliminate prevention resources and worsen already stark disparities in access to treatment. Resource centers that target these populations are among the services most likely to get cut, county behavioral health leaders have said in public hearing.\u003c/p>\n\u003cp>The bond measure, which previously faced no opposition, drew fierce criticism from peer and disability advocates after last-minute amendments \u003ca href=\"https://calmatters.org/health/mental-health/2023/09/mental-health-bond-gavin-newsom-amendments/\">allowed the money to be used on involuntary treatment facilities\u003c/a>.\u003c/p>\n\u003cp>“This is a really tough time for our communities,” said Paul Simmons, executive director of the Depression and Bipolar Support Alliance. “Our concern with [the proposition] is massive increases in involuntary and forced treatment.”\u003c/p>\n\u003cp>Children and family advocates withdrew previous opposition after securing significant concessions from the governor requiring 51% of spending on early intervention be targeted toward children and youth.\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/11961346/gavin-newsoms-mental-health-plan-heads-to-voters-heres-what-to-know","authors":["byline_news_11961346"],"categories":["news_31795","news_8"],"tags":["news_16","news_20305","news_1775","news_2605","news_31651","news_31453","news_33195","news_31538","news_30602"],"affiliates":["news_18481"],"featImg":"news_11961358","label":"news_18481"},"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_11959120":{"type":"posts","id":"news_11959120","meta":{"index":"posts_1591205157","site":"news","id":"11959120","score":null,"sort":[1692923125000]},"guestAuthors":[],"slug":"judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps","title":"Advocates Argue San Francisco is Violating Encampment Clearing Ban; Judge Says They're Not — For Now","publishDate":1692923125,"format":"standard","headTitle":"Advocates Argue San Francisco is Violating Encampment Clearing Ban; Judge Says They’re Not — For Now | KQED","labelTerm":{"site":"news"},"content":"\u003cp>An effort to more strongly enforce an ongoing ban on homeless encampment sweeps in San Francisco won’t be happening just yet.\u003c/p>\n\u003cp>On Thursday, a district court judge said the city was not violating some of its policies when it came to a ban on clearing homeless encampments — but she requested more information on other policies before she could rule on the entire motion.\u003c/p>\n\u003cp>The hearing on Thursday was held over a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/06/Ps-Motion-to-Enforce-PI-Order-and-Declarations.pdf\">motion (PDF)\u003c/a> meant to more strongly enforce a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/06/2022.12.23-65-ORDER-on-Preliminary-Injunction.pdf\">temporary injunction (PDF)\u003c/a>, which stops the city from \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">indiscriminately sweeping the streets of people who are unhoused\u003c/a>. This is just part of an ongoing legal battle, which had a separate hearing earlier in the week over whether the injunction should be lifted or not.[aside postID=news_11950967,news_11958939,news_11926891 label='More on Homeless Encampment Sweeps']The Coalition on Homelessness, who \u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">sued San Francisco in September 2022\u003c/a>, brought forward this motion. They’re arguing that the city has been violating the temporary ban on clearing homeless encampments, which was originally ordered by the same U.S. Magistrate Judge, Donna Ryu, in December 2022.\u003c/p>\n\u003cp>Today, Ryu ruled that the city was not violating a clause in the injunction that stops the city from “threatening to enforce” certain laws that prevent someone from sitting, lying or camping on sidewalks or other public spaces.\u003c/p>\n\u003cp>However, the judge delayed ruling on claims that the city has been violating its own so-called \u003ca href=\"https://www.sfpublicworks.org/services/bag-and-tag-process#:~:text=Public%20Works%20%E2%80%9Cbag%20and%20tag,will%20record%20thedate%20of%20disposal.\">“bag and tag” policies\u003c/a> during routine street cleanups and permissible encampment resolutions. The judge will review those claims after receiving additional information from the defendants.\u003c/p>\n\u003cp>When city agencies, like the Department of Public Works, clear a homeless encampment or an individual’s sleeping site but no one is present, they are required to bag and tag personal belongings so the individual can later retrieve them. Whether they are doing so or not is what’s under review.\u003c/p>\n\u003cp>“It’s likely there are DPW workers who bag and tag, but it also appears some are not. Some of the instances I called out are pretty clear and pretty blatant,” Ryu said in Thursday’s hearing. “I have a concern that at least the training should be more robust.”\u003c/p>\n\u003cp>The judge ordered attorneys representing the city to submit more information by Sept. 22 on how it responds to calls regarding homeless encampments — including how many officers interact with unhoused people and if the city would consider adding more training for those officers.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The judge also requested more information on what type of training DPW workers received about the original injunction.\u003c/p>\n\u003cp>Ryu said that plaintiffs could retry their motion around threats of enforcement, but that they would need stronger arguments and analysis.\u003c/p>\n\u003cp>“It seems to me that clearer communication, uniform communication, would be helpful across the board to the people of San Francisco,” Ryu said.\u003c/p>\n\u003cp>Thursday’s hearing followed another major hearing in the lawsuit that took place on Wednesday, when \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">a three-judge panel heard arguments\u003c/a> over whether to consider appealing the same temporary injunction \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">that prevents the city from moving unhoused people under certain circumstances\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11959129\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/08/24/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps/rs68257_20230822-homelesslawsuit-15-jy-qut/\" rel=\"attachment wp-att-11959129\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11959129\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut.jpg\" alt=\"a group of people hold up signs in front of a court building, one man yells into a megaphone\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">District 6 Supervisor Matt Dorsey speaks at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. Dorsey voiced his opposition of the injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In that hearing, plaintiffs and judges clarified that a person who denies genuine offers of shelter during an encampment clearing would no longer be considered “involuntarily homeless.”\u003c/p>\n\u003cp>The distinction between who is or isn’t involuntarily homeless is important because the injunction only bans sweeps of those who are involuntarily homeless, meaning that if someone refuses shelter, the city can proceed to enforce its laws against sitting, lying or camping in public spaces.\u003c/p>\n\u003cp>The city’s appeal to remove the injunction is still processing, and it will likely be several months before a decision is made.\u003c/p>\n\u003cp>Several city leaders showed up to support the city attorney’s effort to appeal the injunction on Wednesday, including Mayor Breed and three moderate supervisors, saying the ban has stymied the city’s ability to clear streets and sidewalks.\u003c/p>\n\u003cp>Community members and homeless advocates also rallied in front of the courthouse Wednesday, saying that the injunction is necessary to stop unlawful sweeps and bring about more effective solutions to the homeless crisis.\u003c/p>\n\u003cp>After Thursday’s hearing, Gov. Gavin Newsom released a public statement in support of striking down the injunction.\u003c/p>\n\u003cp>“In California, we are cutting red tape and making unprecedented investments to address homelessness, but with each hard-fought step forward, the courts are creating costly delays that slow progress,” Newsom said. “I urge the courts to empower local communities to address street encampments quickly and comprehensively.”\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"A district judge found the city was not violating some of its policies, but others aspects remain undecided. ","status":"publish","parent":0,"modified":1695680028,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":21,"wordCount":830},"headData":{"title":"Advocates Argue San Francisco is Violating Encampment Clearing Ban; Judge Says They're Not — For Now | KQED","description":"A district judge found the city was not violating some of its policies, but others aspects remain undecided. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Advocates Argue San Francisco is Violating Encampment Clearing Ban; Judge Says They're Not — For Now","datePublished":"2023-08-25T00:25:25.000Z","dateModified":"2023-09-25T22:13:48.000Z","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/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>An effort to more strongly enforce an ongoing ban on homeless encampment sweeps in San Francisco won’t be happening just yet.\u003c/p>\n\u003cp>On Thursday, a district court judge said the city was not violating some of its policies when it came to a ban on clearing homeless encampments — but she requested more information on other policies before she could rule on the entire motion.\u003c/p>\n\u003cp>The hearing on Thursday was held over a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/06/Ps-Motion-to-Enforce-PI-Order-and-Declarations.pdf\">motion (PDF)\u003c/a> meant to more strongly enforce a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/06/2022.12.23-65-ORDER-on-Preliminary-Injunction.pdf\">temporary injunction (PDF)\u003c/a>, which stops the city from \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">indiscriminately sweeping the streets of people who are unhoused\u003c/a>. This is just part of an ongoing legal battle, which had a separate hearing earlier in the week over whether the injunction should be lifted or not.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11950967,news_11958939,news_11926891","label":"More on Homeless Encampment Sweeps "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The Coalition on Homelessness, who \u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">sued San Francisco in September 2022\u003c/a>, brought forward this motion. They’re arguing that the city has been violating the temporary ban on clearing homeless encampments, which was originally ordered by the same U.S. Magistrate Judge, Donna Ryu, in December 2022.\u003c/p>\n\u003cp>Today, Ryu ruled that the city was not violating a clause in the injunction that stops the city from “threatening to enforce” certain laws that prevent someone from sitting, lying or camping on sidewalks or other public spaces.\u003c/p>\n\u003cp>However, the judge delayed ruling on claims that the city has been violating its own so-called \u003ca href=\"https://www.sfpublicworks.org/services/bag-and-tag-process#:~:text=Public%20Works%20%E2%80%9Cbag%20and%20tag,will%20record%20thedate%20of%20disposal.\">“bag and tag” policies\u003c/a> during routine street cleanups and permissible encampment resolutions. The judge will review those claims after receiving additional information from the defendants.\u003c/p>\n\u003cp>When city agencies, like the Department of Public Works, clear a homeless encampment or an individual’s sleeping site but no one is present, they are required to bag and tag personal belongings so the individual can later retrieve them. Whether they are doing so or not is what’s under review.\u003c/p>\n\u003cp>“It’s likely there are DPW workers who bag and tag, but it also appears some are not. Some of the instances I called out are pretty clear and pretty blatant,” Ryu said in Thursday’s hearing. “I have a concern that at least the training should be more robust.”\u003c/p>\n\u003cp>The judge ordered attorneys representing the city to submit more information by Sept. 22 on how it responds to calls regarding homeless encampments — including how many officers interact with unhoused people and if the city would consider adding more training for those officers.\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>The judge also requested more information on what type of training DPW workers received about the original injunction.\u003c/p>\n\u003cp>Ryu said that plaintiffs could retry their motion around threats of enforcement, but that they would need stronger arguments and analysis.\u003c/p>\n\u003cp>“It seems to me that clearer communication, uniform communication, would be helpful across the board to the people of San Francisco,” Ryu said.\u003c/p>\n\u003cp>Thursday’s hearing followed another major hearing in the lawsuit that took place on Wednesday, when \u003ca href=\"https://www.kqed.org/news/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban\">a three-judge panel heard arguments\u003c/a> over whether to consider appealing the same temporary injunction \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">that prevents the city from moving unhoused people under certain circumstances\u003c/a>.\u003c/p>\n\u003cfigure id=\"attachment_11959129\" class=\"wp-caption aligncenter\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/2023/08/24/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps/rs68257_20230822-homelesslawsuit-15-jy-qut/\" rel=\"attachment wp-att-11959129\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11959129\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut.jpg\" alt=\"a group of people hold up signs in front of a court building, one man yells into a megaphone\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68257_20230822-HomelessLawsuit-15-JY-qut-1536x1024.jpg 1536w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">District 6 Supervisor Matt Dorsey speaks at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. Dorsey voiced his opposition of the injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In that hearing, plaintiffs and judges clarified that a person who denies genuine offers of shelter during an encampment clearing would no longer be considered “involuntarily homeless.”\u003c/p>\n\u003cp>The distinction between who is or isn’t involuntarily homeless is important because the injunction only bans sweeps of those who are involuntarily homeless, meaning that if someone refuses shelter, the city can proceed to enforce its laws against sitting, lying or camping in public spaces.\u003c/p>\n\u003cp>The city’s appeal to remove the injunction is still processing, and it will likely be several months before a decision is made.\u003c/p>\n\u003cp>Several city leaders showed up to support the city attorney’s effort to appeal the injunction on Wednesday, including Mayor Breed and three moderate supervisors, saying the ban has stymied the city’s ability to clear streets and sidewalks.\u003c/p>\n\u003cp>Community members and homeless advocates also rallied in front of the courthouse Wednesday, saying that the injunction is necessary to stop unlawful sweeps and bring about more effective solutions to the homeless crisis.\u003c/p>\n\u003cp>After Thursday’s hearing, Gov. Gavin Newsom released a public statement in support of striking down the injunction.\u003c/p>\n\u003cp>“In California, we are cutting red tape and making unprecedented investments to address homelessness, but with each hard-fought step forward, the courts are creating costly delays that slow progress,” Newsom said. “I urge the courts to empower local communities to address street encampments quickly and comprehensively.”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11959120/judge-partially-denies-motion-to-more-strictly-enforce-ban-on-homeless-encampment-sweeps","authors":["11840"],"categories":["news_8"],"tags":["news_33088","news_20305","news_21214","news_4020","news_23690","news_38","news_29607","news_30602"],"featImg":"news_11959131","label":"news"},"news_11958939":{"type":"posts","id":"news_11958939","meta":{"index":"posts_1591205157","site":"news","id":"11958939","score":null,"sort":[1692830767000]},"guestAuthors":[],"slug":"sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","title":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps","publishDate":1692830767,"format":"standard","headTitle":"‘An Impossible Situation’: Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Protesters and counterprotesters went head-to-head outside the Ninth Circuit Court of Appeals in San Francisco on Wednesday, where a panel of three judges heard arguments over whether to appeal \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">an injunction that prevents the city from moving unhoused people\u003c/a> under certain circumstances.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">The legal battle started in September 2022\u003c/a>, when the Coalition on Homelessness sued San Francisco for violating the city’s own ordinances around clearing encampments. Attorneys for the coalition, 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 it trashed personal belongings during its sweeps.[pullquote size=\"medium\" align=\"right\" citation=\"Zal Shroff, interim legal director for the Lawyers Committee\"]‘They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them.’[/pullquote]“They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them,” Zal Shroff, interim legal director for the Lawyers Committee, told KQED in an interview before the hearing. “You can still clean the streets, you can enforce your drug laws, you can enforce your accessibility laws, clear all safety hazards, but you can’t keep policing unhoused people from block to block solely for the crime of being too poor to afford a home, when you obviously haven’t given them a place to go.”\u003c/p>\n\u003cp>Tensions were high outside the packed courthouse, where more than 100 people rallied both for and against the injunction while surrounded by a significant police presence.\u003c/p>\n\u003cp>“We are compassionate, we are supportive, we continue to help people. But this is not the way,” Mayor London Breed said outside the courthouse on Wednesday. “It is not humane to let people live on our streets in tents, use drugs. We have found dead bodies, we found a dead body in these tents. We have seen people in really awful conditions and we are not standing for it anymore. The goal here is to make sure that the court of appeals understands we want a reversal of this injunction that makes it impossible for us to do our jobs.”\u003c/p>\n\u003cfigure id=\"attachment_11958935\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11958935 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg\" alt=\"Police and protesters with sign stand in front of a San Francisco building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters, counterprotesters, and SFPD are seen at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. The court is hearing arguments for the city’s appeal of an injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco resident Fred Winograd showed up to the rally to protest the injunction. “It’s unfair to the people on the street and it’s unfair to the city,” Winograd told KQED. “Outside of my door someone can camp and stay there and not be moved because of this injunction. That’s harmful to the residents and businesses of this city, and it’s got to stop.”\u003c/p>\n\u003cp>Others, like Terri Beswick, came to show their support for the Coalition on Homelessness and its lawsuit. “I love that the court took a stand on this and I hope they stick to it,” Beswick said. “If you want people off the streets, you have to give them somewhere to stay.”\u003c/p>\n\u003cp>Wednesday’s hearing laid out initial arguments, but it could be several months before the panel of judges issue their ruling over the injunction, which was first issued by U.S. Magistrate Judge Donna Ryu.\u003c/p>\n\u003cp>City Attorney David Chiu formally appealed the injunction in January 2023, with the backing of Mayor Breed, multiple city supervisors and a coalition of residents and business owners.\u003c/p>\n\u003cp>“We are trying to address the conditions on the street and this lawsuit makes it harder to do so,” Chiu told KQED. “There are a number of issues with the injunction, which we believe is unnecessarily broad, exceeds legal precedent and has strained our city’s ability to meet practical and legal obligations.”\u003c/p>\n\u003cp>Plaintiffs maintain that the city can clean its sidewalks and enforce its sit-lie laws so long as shelter is offered and personal belongings are protected. If someone refuses shelter, the plaintiffs said the city could then enforce its laws.\u003c/p>\n\u003cp>But the city is far from meeting the need for temporary shelter beds or permanent supportive housing.[pullquote size=\"medium\" align=\"right\" citation=\"Mayor London Breed\"]‘It is not humane to let people live on our streets in tents, use drugs.’[/pullquote]As of Aug. 23, there were \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">448 people\u003c/a> on the waiting list for the city’s recently-opened shelter request system. San Francisco has 7,754 people experiencing homelessness, and at least 4,397 of them living outside as opposed to a shelter, according to the latest citywide count.\u003c/p>\n\u003cp>Meanwhile, the city has roughly 3,500 shelter beds in its system. (During the COVID-19 pandemic, more than 2,000 additional beds were brought online through programs like the Shelter-In-Place Hotel program, but that program has since ended.)\u003c/p>\n\u003cp>In an email, Chiu estimated that it could cost $1.45 billion, on top of several years of building and planning, to erect enough shelter for everyone who needs it in the city.\u003c/p>\n\u003cp>“The injunction has put our City in an impossible situation, ignoring the necessary balance between providing compassionate services and shelter to unhoused people and maintaining safe and healthy streets for all,” Chiu said.\u003c/p>\n\u003cp>On Wednesday, attorneys representing the city said the injunction was overly broad and left questions as to what options the city has to address street homelessness.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In particular, defendants questioned the judges’ definition of “involuntarily homeless,” arguing that the injunction language is not clear.\u003c/p>\n\u003cp>The injunction “does not define ‘involuntarily homeless,’ which has created uncertainty about whether the City can enforce laws against those who refuse shelter or have shelter beds but choose to maintain tents on the street,” Chiu said in a press statement ahead of the hearing.\u003c/p>\n\u003cp>“This is especially problematic as over half of the unhoused individuals approached by City workers reject offers of shelter.”\u003c/p>\n\u003cp>Joseph Lee, the attorney representing the plaintiffs, said at the hearing that a person could no longer be considered “involuntarily homeless” if they are offered but decline a genuine shelter option.\u003c/p>\n\u003cp>“The actual limitation for who the injunction protects is limited to involuntarily homeless individuals,” Lee said. “The city used these laws not in the way that they are intended or in the way that their policy describes they can be used, but used it as a pretext to criminalize homeless individuals.”\u003c/p>\n\u003cfigure id=\"attachment_11958936\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958936\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg\" alt=\"People holding signs stand in front of a grey building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters and counterprotesters gather at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Right after the hearing, Chiu said that his team was “pleasantly surprised to receive this major concession from Plaintiffs during oral argument today,” referring to the clarity over involuntary homelessness. “It never made sense that a person who rejected a shelter offer or had a shelter bed but chose to maintain tents on the street should be considered ‘involuntarily homeless,’” he wrote in a press release.\u003c/p>\n\u003cp>The city also argued that precedents established in similar cases including \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> should not apply to San Francisco. In broad terms, those cases found that public agencies can’t enforce public sidewalk sleeping or camping laws if there is no shelter or housing alternative available. The city’s attorney said San Francisco is different because its laws allow for people to sleep outside in certain settings.\u003c/p>\n\u003cp>But San Francisco has several laws governing and preventing sidewalk camping and sleeping.\u003c/p>\n\u003cp>In 2010, voters approved a “sit-lie” law that prohibits sitting or lying on public sidewalks between 7 a.m. and 11 p.m., with certain exceptions. In 2013, the city amended another ordinance to ban sleeping in parks from 8 p.m. to 8 a.m.\u003c/p>\n\u003cp>If someone is not with their belongings, the city is required to bag and tag items rather than tossing them to the dump during an encampment sweep.\u003c/p>\n\u003cfigure id=\"attachment_11958937\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg\" alt=\"'More homes less cops' is written in pink chalk\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">‘More homes less cops’ is written in chalk on the sidewalk during a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Multiple lawsuits were filed earlier this year on behalf of homeless residents who said they lost clothes, cell phones or laptops, sleeping gear, family heirlooms and other important personal items during sweeps. As of February, the city had paid out more than $100,000 in claims to unhoused people in more than 20 different cases, the \u003ca href=\"https://sfstandard.com/2023/02/21/gold-chains-designer-clothes-family-heirlooms-homeless-san-franciscans-sue-the-city-for-thousands-in-lost-property/\">\u003cem>San Francisco Standard\u003c/em> reports\u003c/a>.[aside tag=\"homeless, unhoused\" label=\"More Related Stories\"]Supervisor Rafael Mandelman, who spoke at the rally on Wednesday in support of ending the injunction, has proposed legislation, called “A Place for All,” that would dramatically expand the number of temporary shelter beds, including the use of tiny homes and other non-congregate options. But reception to that response has been mixed.\u003c/p>\n\u003cp>“Yes, we need more shelter, but it needs to be coupled with housing and prevention, otherwise it’s inefficient and we waste city dollars,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness. “Most (permanent) housing options are cheaper than shelter. And it’s not faster to create a shelter program than it would be to expand our section 8 program either.”\u003c/p>\n\u003cp>Next, on Thursday, August 24, the district court will hear a motion to enforce the injunction brought by plaintiffs, alleging the city violated the sweeps ban.\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"City leaders say the lawsuit stops them from clearing homeless encampments on sidewalks. Plaintiffs say the city isn’t following its own laws. ","status":"publish","parent":0,"modified":1695680076,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1690},"headData":{"title":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps | KQED","description":"City leaders say the lawsuit stops them from clearing homeless encampments on sidewalks. Plaintiffs say the city isn’t following its own laws. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'An Impossible Situation': Tensions Rise as Federal Court Weighs Legality of SF Encampment Sweeps","datePublished":"2023-08-23T22:46:07.000Z","dateModified":"2023-09-25T22:14:36.000Z","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/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Protesters and counterprotesters went head-to-head outside the Ninth Circuit Court of Appeals in San Francisco on Wednesday, where a panel of three judges heard arguments over whether to appeal \u003ca href=\"https://www.kqed.org/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in\">an injunction that prevents the city from moving unhoused people\u003c/a> under certain circumstances.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/11926891/unhoused-san-francisco-residents-sue-city-over-displacement-rights-violations\">The legal battle started in September 2022\u003c/a>, when the Coalition on Homelessness sued San Francisco for violating the city’s own ordinances around clearing encampments. Attorneys for the coalition, 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 it trashed personal belongings during its sweeps.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Zal Shroff, interim legal director for the Lawyers Committee","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“They have cited and arrested thousands of unhoused people whose only crime was having nowhere else to go when the city obviously did not have shelter to offer them,” Zal Shroff, interim legal director for the Lawyers Committee, told KQED in an interview before the hearing. “You can still clean the streets, you can enforce your drug laws, you can enforce your accessibility laws, clear all safety hazards, but you can’t keep policing unhoused people from block to block solely for the crime of being too poor to afford a home, when you obviously haven’t given them a place to go.”\u003c/p>\n\u003cp>Tensions were high outside the packed courthouse, where more than 100 people rallied both for and against the injunction while surrounded by a significant police presence.\u003c/p>\n\u003cp>“We are compassionate, we are supportive, we continue to help people. But this is not the way,” Mayor London Breed said outside the courthouse on Wednesday. “It is not humane to let people live on our streets in tents, use drugs. We have found dead bodies, we found a dead body in these tents. We have seen people in really awful conditions and we are not standing for it anymore. The goal here is to make sure that the court of appeals understands we want a reversal of this injunction that makes it impossible for us to do our jobs.”\u003c/p>\n\u003cfigure id=\"attachment_11958935\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11958935 size-medium\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg\" alt=\"Police and protesters with sign stand in front of a San Francisco building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68263_20230822-HomelessLawsuit-17-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters, counterprotesters, and SFPD are seen at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday, Aug. 23, 2023. The court is hearing arguments for the city’s appeal of an injunction filed by the Coalition on Homelessness, which has temporarily kept city workers from removing encampments on the streets. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>San Francisco resident Fred Winograd showed up to the rally to protest the injunction. “It’s unfair to the people on the street and it’s unfair to the city,” Winograd told KQED. “Outside of my door someone can camp and stay there and not be moved because of this injunction. That’s harmful to the residents and businesses of this city, and it’s got to stop.”\u003c/p>\n\u003cp>Others, like Terri Beswick, came to show their support for the Coalition on Homelessness and its lawsuit. “I love that the court took a stand on this and I hope they stick to it,” Beswick said. “If you want people off the streets, you have to give them somewhere to stay.”\u003c/p>\n\u003cp>Wednesday’s hearing laid out initial arguments, but it could be several months before the panel of judges issue their ruling over the injunction, which was first issued by U.S. Magistrate Judge Donna Ryu.\u003c/p>\n\u003cp>City Attorney David Chiu formally appealed the injunction in January 2023, with the backing of Mayor Breed, multiple city supervisors and a coalition of residents and business owners.\u003c/p>\n\u003cp>“We are trying to address the conditions on the street and this lawsuit makes it harder to do so,” Chiu told KQED. “There are a number of issues with the injunction, which we believe is unnecessarily broad, exceeds legal precedent and has strained our city’s ability to meet practical and legal obligations.”\u003c/p>\n\u003cp>Plaintiffs maintain that the city can clean its sidewalks and enforce its sit-lie laws so long as shelter is offered and personal belongings are protected. If someone refuses shelter, the plaintiffs said the city could then enforce its laws.\u003c/p>\n\u003cp>But the city is far from meeting the need for temporary shelter beds or permanent supportive housing.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It is not humane to let people live on our streets in tents, use drugs.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mayor London Breed","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>As of Aug. 23, there were \u003ca href=\"https://hsh.sfgov.org/services/how-to-get-services/accessing-temporary-shelter/adult-temporary-shelter/shelter-reservation-waitlist/\">448 people\u003c/a> on the waiting list for the city’s recently-opened shelter request system. San Francisco has 7,754 people experiencing homelessness, and at least 4,397 of them living outside as opposed to a shelter, according to the latest citywide count.\u003c/p>\n\u003cp>Meanwhile, the city has roughly 3,500 shelter beds in its system. (During the COVID-19 pandemic, more than 2,000 additional beds were brought online through programs like the Shelter-In-Place Hotel program, but that program has since ended.)\u003c/p>\n\u003cp>In an email, Chiu estimated that it could cost $1.45 billion, on top of several years of building and planning, to erect enough shelter for everyone who needs it in the city.\u003c/p>\n\u003cp>“The injunction has put our City in an impossible situation, ignoring the necessary balance between providing compassionate services and shelter to unhoused people and maintaining safe and healthy streets for all,” Chiu said.\u003c/p>\n\u003cp>On Wednesday, attorneys representing the city said the injunction was overly broad and left questions as to what options the city has to address street homelessness.\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>In particular, defendants questioned the judges’ definition of “involuntarily homeless,” arguing that the injunction language is not clear.\u003c/p>\n\u003cp>The injunction “does not define ‘involuntarily homeless,’ which has created uncertainty about whether the City can enforce laws against those who refuse shelter or have shelter beds but choose to maintain tents on the street,” Chiu said in a press statement ahead of the hearing.\u003c/p>\n\u003cp>“This is especially problematic as over half of the unhoused individuals approached by City workers reject offers of shelter.”\u003c/p>\n\u003cp>Joseph Lee, the attorney representing the plaintiffs, said at the hearing that a person could no longer be considered “involuntarily homeless” if they are offered but decline a genuine shelter option.\u003c/p>\n\u003cp>“The actual limitation for who the injunction protects is limited to involuntarily homeless individuals,” Lee said. “The city used these laws not in the way that they are intended or in the way that their policy describes they can be used, but used it as a pretext to criminalize homeless individuals.”\u003c/p>\n\u003cfigure id=\"attachment_11958936\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958936\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg\" alt=\"People holding signs stand in front of a grey building.\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68264_20230822-HomelessLawsuit-24-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Protesters and counterprotesters gather at a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Right after the hearing, Chiu said that his team was “pleasantly surprised to receive this major concession from Plaintiffs during oral argument today,” referring to the clarity over involuntary homelessness. “It never made sense that a person who rejected a shelter offer or had a shelter bed but chose to maintain tents on the street should be considered ‘involuntarily homeless,’” he wrote in a press release.\u003c/p>\n\u003cp>The city also argued that precedents established in similar cases including \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> should not apply to San Francisco. In broad terms, those cases found that public agencies can’t enforce public sidewalk sleeping or camping laws if there is no shelter or housing alternative available. The city’s attorney said San Francisco is different because its laws allow for people to sleep outside in certain settings.\u003c/p>\n\u003cp>But San Francisco has several laws governing and preventing sidewalk camping and sleeping.\u003c/p>\n\u003cp>In 2010, voters approved a “sit-lie” law that prohibits sitting or lying on public sidewalks between 7 a.m. and 11 p.m., with certain exceptions. In 2013, the city amended another ordinance to ban sleeping in parks from 8 p.m. to 8 a.m.\u003c/p>\n\u003cp>If someone is not with their belongings, the city is required to bag and tag items rather than tossing them to the dump during an encampment sweep.\u003c/p>\n\u003cfigure id=\"attachment_11958937\" class=\"wp-caption alignnone\" style=\"max-width: 800px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-11958937\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg\" alt=\"'More homes less cops' is written in pink chalk\" width=\"800\" height=\"533\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED-1920x1280.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2023/08/RS68271_20230822-HomelessLawsuit-31-JY-KQED.jpg 2000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">‘More homes less cops’ is written in chalk on the sidewalk during a rally in front of the Ninth Circuit Court of Appeals in San Francisco on Wednesday. \u003ccite>(Juliana Yamada/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Multiple lawsuits were filed earlier this year on behalf of homeless residents who said they lost clothes, cell phones or laptops, sleeping gear, family heirlooms and other important personal items during sweeps. As of February, the city had paid out more than $100,000 in claims to unhoused people in more than 20 different cases, the \u003ca href=\"https://sfstandard.com/2023/02/21/gold-chains-designer-clothes-family-heirlooms-homeless-san-franciscans-sue-the-city-for-thousands-in-lost-property/\">\u003cem>San Francisco Standard\u003c/em> reports\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"homeless, unhoused","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Supervisor Rafael Mandelman, who spoke at the rally on Wednesday in support of ending the injunction, has proposed legislation, called “A Place for All,” that would dramatically expand the number of temporary shelter beds, including the use of tiny homes and other non-congregate options. But reception to that response has been mixed.\u003c/p>\n\u003cp>“Yes, we need more shelter, but it needs to be coupled with housing and prevention, otherwise it’s inefficient and we waste city dollars,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness. “Most (permanent) housing options are cheaper than shelter. And it’s not faster to create a shelter program than it would be to expand our section 8 program either.”\u003c/p>\n\u003cp>Next, on Thursday, August 24, the district court will hear a motion to enforce the injunction brought by plaintiffs, alleging the city violated the sweeps ban.\u003c/p>\n\u003cp>\u003cem>KQED’s Billy Cruz contributed to this report.\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/11958939/sf-homelessness-lawsuit-faces-critical-hearing-over-sweeps-ban","authors":["11840"],"categories":["news_6266","news_6188","news_28250","news_8","news_13"],"tags":["news_31693","news_167","news_27626","news_20305","news_4020","news_33076","news_20530","news_25113","news_29607"],"featImg":"news_11958938","label":"news"},"news_11954909":{"type":"posts","id":"news_11954909","meta":{"index":"posts_1591205157","site":"news","id":"11954909","score":null,"sort":[1688411182000]},"guestAuthors":[],"slug":"this-california-city-made-a-huge-impact-on-homelessness-then-money-ran-out","title":"This California City Made a Huge Impact on Homelessness. Then Money Ran Out","publishDate":1688411182,"format":"standard","headTitle":"This California City Made a Huge Impact on Homelessness. Then Money Ran Out | KQED","labelTerm":{},"content":"\u003cp>A new homeless outreach program pairing a social worker with a police officer in Grass Valley, a small town in the Sierra Nevada foothills, seemed to be working.\u003c/p>\n\u003cp>The state-funded effort sent the team to homeless encampments, where they helped build trust among vulnerable people and persuaded them to accept help, according to the nonprofit Hospitality House, which ran the program.\u003c/p>\n\u003cp>It blew past its goal of engaging 90 people in three years, instead meeting with more than 200. It even helped move some people directly into housing, including an 80-year-old veteran.\u003c/p>\n\u003cp>But when the three-year grant paying for that outreach ended in June, there was no money to replace it. So the program came to a screeching halt, to the disappointment of all involved.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It is a profound loss to not be able to do this,” said Nancy Baglietto, executive director of Hospitality House.\u003c/p>\n\u003cp>That loss embodies the worst fears of homeless service providers across California, as they struggle to piece together new funding sources after their state grants expire.\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Carolyn Coleman, executive director and CEO, League of California Cities\"]‘It really defies logic that the state budget once again fails to include funding to match the scale of the crisis we are experiencing.’[/pullquote]\u003c/p>\n\u003cp>Many had hoped that Gov. Gavin Newsom and legislative leaders would change that dynamic in the state budget deal they announced last week by committing ongoing funds for homelessness that nonprofits, cities and counties could rely on year after year.\u003c/p>\n\u003cp>It didn’t happen.\u003c/p>\n\u003cp>Instead, Newsom and lawmakers settled on another round of one-time funding.\u003c/p>\n\u003cp>“It really defies logic that the state budget once again fails to include funding to match the scale of the crisis we are experiencing,” said Carolyn Coleman, executive director and CEO of the League of California Cities, which \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/04/california-homeless-cities/\">pressed Newsom’s administration for a guaranteed $3 billion a year in homelessness funding\u003c/a>.\u003c/p>\n\u003ch2>‘Unprecedented’ homelessness funding under Newsom\u003c/h2>\n\u003cp>As California grapples with how to provide for its massive population of more than 170,000 unhoused residents, Newsom has stepped up homelessness funding to unprecedented levels. He’s funneled nearly $21 billion into housing and homelessness since the 2018–19 fiscal year.\u003c/p>\n\u003cp>This year, for the third year in a row, the state budget allocates $1 billion to the Homeless Housing, Assistance and Prevention fund, which local officials can use for housing, outreach at encampments, emergency shelters and more.\u003c/p>\n\u003cp>But the vast majority of Newsom’s homelessness spending has been in one-time grants, which providers say makes it difficult to fund the kind of long-term programs that could make a noticeable dent in the crisis.\u003c/p>\n\u003cfigure id=\"attachment_11954915\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954915 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02.jpg\" alt=\"There are tents, belongings scattered and stacked, RVs in the background, a random shopping cart, and more. Many blue tarps cover the tops of the encampment area.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">An encampment in Los Angeles, on June 20, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California would need to spend \u003ca href=\"https://www.mercurynews.com/2022/12/20/what-will-it-cost-to-end-homelessness-in-california-8-billion-a-year-for-12-years/\">$8.1 billion a year for a dozen years\u003c/a> to eliminate homelessness in the state, according to \u003ca href=\"https://calneeds.csh.org/\">a report by the Corporation for Supportive Housing and the California Housing Partnership\u003c/a>, two nonprofit advocacy groups.\u003c/p>\n\u003cp>The governor’s office defended this approach to funding homelessness, pointing out that the state has provided an “unprecedented” $15.3 billion for the issue since he took office at the start of 2019.[aside postID=news_11949327 hero='https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS58533_080_KQED_WoodStreetOaklandCalTrans_09082022-1020x680.jpg']The governor has also \u003ca href=\"https://www.gov.ca.gov/2023/03/19/governor-newsom-proposes-modernization-of-californias-behavioral-health-system-and-more-mental-health-housing/#:~:text=Amend%20the%20Mental%20Health%20Services,people%20with%20substance%20use%20disorders.\">proposed a 2024 ballot measure to amend the Mental Health Services Act\u003c/a> that would provide $1 billion a year for housing for people with mental illnesses and substance abuse disorders. That amendment would require voter approval to take effect.\u003c/p>\n\u003cp>“This budget provides not just funding to address homelessness — it builds in the accountability needed to ensure that tax dollars are being maximized to produce real results,” Daniel Lopez, Newsom’s deputy communications director, said in an emailed statement. “Ultimately, the challenge of homelessness and housing must be met not only with dollars, but it also requires strong accountability coupled with financial resources to make lasting progress for our state.”\u003c/p>\n\u003cp>To be eligible for homelessness funding under this budget, cities and counties must submit homeless action plans — in coordination with other jurisdictions in their region — that detail the progress they’ve made.\u003c/p>\n\u003ch2>Short-term homeless services\u003c/h2>\n\u003cp>There was some momentum this year to move away from one-time spending on homelessness. More than two dozen state legislators \u003ca href=\"https://www.calcities.org/docs/default-source/advocacy/ad-67-2023-24-budget-request-housing-and-homelessness.pdf?sfvrsn=4fbcd4a9_3/AD-67-2023-24-Budget-Request-Housing-and-Homel\">signed a letter in May supporting the League of California Cities’ demand (PDF)\u003c/a> for $3 billion a year. A coalition led by the California State Association of Counties also called for ongoing funds and drafted bill language it urged legislators to adopt.\u003c/p>\n\u003cp>But that proved to be a tough ask with Newsom’s office projecting a $30 billion-plus budget deficit.\u003c/p>\n\u003cp>For years, city and county leaders, legislators and homelessness nonprofits have been clamoring for a source of ongoing funding to tackle the homelessness crisis. \u003ca href=\"https://calmatters.org/legislator-tracker/luz-rivas-1974/\">Assemblymember Luz Rivas, a Democrat from Arleta\u003c/a>, pushed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB71\">bill in 2021\u003c/a> that would have established ongoing homelessness funding by \u003ca href=\"https://www.mercurynews.com/2021/01/13/new-bill-would-fight-homelessness-by-raising-californias-corporate-tax-rates/\">raising taxes on large businesses\u003c/a>, but the bill died without making it out of the Assembly. Last year, California voters rejected a \u003ca href=\"https://www.mercurynews.com/2022/01/31/could-betting-on-sports-games-help-solve-californias-homelessness-crisis/\">ballot measure to legalize sports betting\u003c/a>, which would have directed fees and taxes from those wages into a fund for homelessness.\u003c/p>\n\u003cp>Baglietto, of Hospitality House, says that type of permanent funding could have helped save her organization’s Grass Valley outreach program.[pullquote size=\"medium\" align=\"right\" citation=\"Nancy Baglietto, executive director, Hospitality House\"]‘We don’t know each year where the funding is going to come from. It’s kind of a nail-biting scenario.’[/pullquote]Hospitality House and the Grass Valley Police Department received $575,000 in 2020 through a state violence intervention program. The city put the money toward homeless outreach as a way to prevent unhoused people from experiencing violence in encampments, and also to reduce confrontations between police and unhoused people. By the time the grant ran out this year, Grass Valley’s crime rate had improved and the city was no longer eligible for the money, Baglietto said.\u003c/p>\n\u003cp>It wasn’t the first time the nonprofit was forced to scramble because of unreliable state funding. Hospitality House’s 65-bed homeless shelter was once largely funded by state grants. Several years ago, the state changed how that money was allocated — focusing on permanent housing instead of shelter — and Hospitality House’s portion dried up. So the nonprofit cobbled together funding from a dozen different sources to fill the hole left by the state money, Baglietto said.\u003c/p>\n\u003cp>Now, Hospitality House keeps its shelter open through money from \u003ca href=\"https://calmatters.org/health/2022/02/california-medi-cal-reform/\">CalAIM, Newsom’s recent Medi-Cal expansion\u003c/a>. The nonprofit still has a “massive” gap, which it is temporarily filling with federal COVID funds designed to help businesses retain employees. That money runs out next year.\u003c/p>\n\u003cp>“We don’t know each year where the funding is going to come from,” Baglietto said. “It’s kind of a nail-biting scenario.”\u003c/p>\n\u003ch2>‘Havoc’ for California nonprofits\u003c/h2>\n\u003cp>Union Station Homeless Services, which coordinates programs throughout the San Gabriel Valley in Los Angeles County, faces the same issues, said CEO Anne Miskey. Every budget cycle, her team has to spend two or three months piecing together their financing as the funding they get from the state changes or ends. Sometimes, the parameters for a state grant shift and clients Union Station has been working with for years suddenly are no longer eligible.[aside label='More on California’s Unhoused Community' tag='homelessness']“This is just creating havoc in our sector,” Miskey said. “And this is why people are leaving. It’s not the clients. It’s not the work. It’s this piece.”\u003c/p>\n\u003cp>The new state budget has some new language around homelessness funding. It requires that anyone applying for a grant be part of a regional plan that lays out the specific roles and responsibilities of each participant.\u003c/p>\n\u003cp>That was something the \u003ca href=\"https://www.counties.org/sites/main/files/file-attachments/at_home_-_accountability_details_-_final_5-19-23.pdf?1684533540\">California State Association of Counties pushed for (PDF)\u003c/a>, arguing that currently cities, counties and other groups too often fight over who should be building shelters, offering mental health help or providing other homeless services.\u003c/p>\n\u003cp>The budget also promises that it is the Legislature’s “intent” to provide additional the same funding in the 2024-25 fiscal year.\u003c/p>\n\u003cp>That’s not enough, said Graham Knaus, CEO of the California State Association of Counties.\u003c/p>\n\u003cp>“Counties cannot budget based on legislative intent,” he said. “Nobody can. We certainly can’t make multi-year commitments based upon intent where there’s no clarity about what’s going to happen next year.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Gov. Gavin Newsom poured 'unprecedented' money into homelessness, but providers say one-time grants do not allow for long-term solutions to the state's biggest crisis.","status":"publish","parent":0,"modified":1688414050,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1502},"headData":{"title":"This California City Made a Huge Impact on Homelessness. Then Money Ran Out | KQED","description":"Gov. Gavin Newsom poured 'unprecedented' money into homelessness, but providers say one-time grants do not allow for long-term solutions to the state's biggest crisis.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"This California City Made a Huge Impact on Homelessness. Then Money Ran Out","datePublished":"2023-07-03T19:06:22.000Z","dateModified":"2023-07-03T19:54:10.000Z","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"}}},"source":"CalMatters","sourceUrl":"https://calmatters.org/","nprByline":"\u003ca href=\"https://calmatters.org/author/marisa-kendall/\">Marisa Kendall\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11954909/this-california-city-made-a-huge-impact-on-homelessness-then-money-ran-out","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new homeless outreach program pairing a social worker with a police officer in Grass Valley, a small town in the Sierra Nevada foothills, seemed to be working.\u003c/p>\n\u003cp>The state-funded effort sent the team to homeless encampments, where they helped build trust among vulnerable people and persuaded them to accept help, according to the nonprofit Hospitality House, which ran the program.\u003c/p>\n\u003cp>It blew past its goal of engaging 90 people in three years, instead meeting with more than 200. It even helped move some people directly into housing, including an 80-year-old veteran.\u003c/p>\n\u003cp>But when the three-year grant paying for that outreach ended in June, there was no money to replace it. So the program came to a screeching halt, to the disappointment of all involved.\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 is a profound loss to not be able to do this,” said Nancy Baglietto, executive director of Hospitality House.\u003c/p>\n\u003cp>That loss embodies the worst fears of homeless service providers across California, as they struggle to piece together new funding sources after their state grants expire.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘It really defies logic that the state budget once again fails to include funding to match the scale of the crisis we are experiencing.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Carolyn Coleman, executive director and CEO, League of California Cities","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Many had hoped that Gov. Gavin Newsom and legislative leaders would change that dynamic in the state budget deal they announced last week by committing ongoing funds for homelessness that nonprofits, cities and counties could rely on year after year.\u003c/p>\n\u003cp>It didn’t happen.\u003c/p>\n\u003cp>Instead, Newsom and lawmakers settled on another round of one-time funding.\u003c/p>\n\u003cp>“It really defies logic that the state budget once again fails to include funding to match the scale of the crisis we are experiencing,” said Carolyn Coleman, executive director and CEO of the League of California Cities, which \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2023/04/california-homeless-cities/\">pressed Newsom’s administration for a guaranteed $3 billion a year in homelessness funding\u003c/a>.\u003c/p>\n\u003ch2>‘Unprecedented’ homelessness funding under Newsom\u003c/h2>\n\u003cp>As California grapples with how to provide for its massive population of more than 170,000 unhoused residents, Newsom has stepped up homelessness funding to unprecedented levels. He’s funneled nearly $21 billion into housing and homelessness since the 2018–19 fiscal year.\u003c/p>\n\u003cp>This year, for the third year in a row, the state budget allocates $1 billion to the Homeless Housing, Assistance and Prevention fund, which local officials can use for housing, outreach at encampments, emergency shelters and more.\u003c/p>\n\u003cp>But the vast majority of Newsom’s homelessness spending has been in one-time grants, which providers say makes it difficult to fund the kind of long-term programs that could make a noticeable dent in the crisis.\u003c/p>\n\u003cfigure id=\"attachment_11954915\" class=\"wp-caption aligncenter\" style=\"max-width: 1200px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"wp-image-11954915 size-full\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02.jpg\" alt=\"There are tents, belongings scattered and stacked, RVs in the background, a random shopping cart, and more. Many blue tarps cover the tops of the encampment area.\" width=\"1200\" height=\"800\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02.jpg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/07/CalMattersUnhousedLA02-160x107.jpg 160w\" sizes=\"(max-width: 1200px) 100vw, 1200px\">\u003cfigcaption class=\"wp-caption-text\">An encampment in Los Angeles, on June 20, 2023. \u003ccite>(Julie A Hotz/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>California would need to spend \u003ca href=\"https://www.mercurynews.com/2022/12/20/what-will-it-cost-to-end-homelessness-in-california-8-billion-a-year-for-12-years/\">$8.1 billion a year for a dozen years\u003c/a> to eliminate homelessness in the state, according to \u003ca href=\"https://calneeds.csh.org/\">a report by the Corporation for Supportive Housing and the California Housing Partnership\u003c/a>, two nonprofit advocacy groups.\u003c/p>\n\u003cp>The governor’s office defended this approach to funding homelessness, pointing out that the state has provided an “unprecedented” $15.3 billion for the issue since he took office at the start of 2019.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11949327","hero":"https://ww2.kqed.org/app/uploads/sites/10/2023/05/RS58533_080_KQED_WoodStreetOaklandCalTrans_09082022-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The governor has also \u003ca href=\"https://www.gov.ca.gov/2023/03/19/governor-newsom-proposes-modernization-of-californias-behavioral-health-system-and-more-mental-health-housing/#:~:text=Amend%20the%20Mental%20Health%20Services,people%20with%20substance%20use%20disorders.\">proposed a 2024 ballot measure to amend the Mental Health Services Act\u003c/a> that would provide $1 billion a year for housing for people with mental illnesses and substance abuse disorders. That amendment would require voter approval to take effect.\u003c/p>\n\u003cp>“This budget provides not just funding to address homelessness — it builds in the accountability needed to ensure that tax dollars are being maximized to produce real results,” Daniel Lopez, Newsom’s deputy communications director, said in an emailed statement. “Ultimately, the challenge of homelessness and housing must be met not only with dollars, but it also requires strong accountability coupled with financial resources to make lasting progress for our state.”\u003c/p>\n\u003cp>To be eligible for homelessness funding under this budget, cities and counties must submit homeless action plans — in coordination with other jurisdictions in their region — that detail the progress they’ve made.\u003c/p>\n\u003ch2>Short-term homeless services\u003c/h2>\n\u003cp>There was some momentum this year to move away from one-time spending on homelessness. More than two dozen state legislators \u003ca href=\"https://www.calcities.org/docs/default-source/advocacy/ad-67-2023-24-budget-request-housing-and-homelessness.pdf?sfvrsn=4fbcd4a9_3/AD-67-2023-24-Budget-Request-Housing-and-Homel\">signed a letter in May supporting the League of California Cities’ demand (PDF)\u003c/a> for $3 billion a year. A coalition led by the California State Association of Counties also called for ongoing funds and drafted bill language it urged legislators to adopt.\u003c/p>\n\u003cp>But that proved to be a tough ask with Newsom’s office projecting a $30 billion-plus budget deficit.\u003c/p>\n\u003cp>For years, city and county leaders, legislators and homelessness nonprofits have been clamoring for a source of ongoing funding to tackle the homelessness crisis. \u003ca href=\"https://calmatters.org/legislator-tracker/luz-rivas-1974/\">Assemblymember Luz Rivas, a Democrat from Arleta\u003c/a>, pushed a \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB71\">bill in 2021\u003c/a> that would have established ongoing homelessness funding by \u003ca href=\"https://www.mercurynews.com/2021/01/13/new-bill-would-fight-homelessness-by-raising-californias-corporate-tax-rates/\">raising taxes on large businesses\u003c/a>, but the bill died without making it out of the Assembly. Last year, California voters rejected a \u003ca href=\"https://www.mercurynews.com/2022/01/31/could-betting-on-sports-games-help-solve-californias-homelessness-crisis/\">ballot measure to legalize sports betting\u003c/a>, which would have directed fees and taxes from those wages into a fund for homelessness.\u003c/p>\n\u003cp>Baglietto, of Hospitality House, says that type of permanent funding could have helped save her organization’s Grass Valley outreach program.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We don’t know each year where the funding is going to come from. It’s kind of a nail-biting scenario.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Nancy Baglietto, executive director, Hospitality House","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Hospitality House and the Grass Valley Police Department received $575,000 in 2020 through a state violence intervention program. The city put the money toward homeless outreach as a way to prevent unhoused people from experiencing violence in encampments, and also to reduce confrontations between police and unhoused people. By the time the grant ran out this year, Grass Valley’s crime rate had improved and the city was no longer eligible for the money, Baglietto said.\u003c/p>\n\u003cp>It wasn’t the first time the nonprofit was forced to scramble because of unreliable state funding. Hospitality House’s 65-bed homeless shelter was once largely funded by state grants. Several years ago, the state changed how that money was allocated — focusing on permanent housing instead of shelter — and Hospitality House’s portion dried up. So the nonprofit cobbled together funding from a dozen different sources to fill the hole left by the state money, Baglietto said.\u003c/p>\n\u003cp>Now, Hospitality House keeps its shelter open through money from \u003ca href=\"https://calmatters.org/health/2022/02/california-medi-cal-reform/\">CalAIM, Newsom’s recent Medi-Cal expansion\u003c/a>. The nonprofit still has a “massive” gap, which it is temporarily filling with federal COVID funds designed to help businesses retain employees. That money runs out next year.\u003c/p>\n\u003cp>“We don’t know each year where the funding is going to come from,” Baglietto said. “It’s kind of a nail-biting scenario.”\u003c/p>\n\u003ch2>‘Havoc’ for California nonprofits\u003c/h2>\n\u003cp>Union Station Homeless Services, which coordinates programs throughout the San Gabriel Valley in Los Angeles County, faces the same issues, said CEO Anne Miskey. Every budget cycle, her team has to spend two or three months piecing together their financing as the funding they get from the state changes or ends. Sometimes, the parameters for a state grant shift and clients Union Station has been working with for years suddenly are no longer eligible.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"More on Californias Unhoused Community ","tag":"homelessness"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“This is just creating havoc in our sector,” Miskey said. “And this is why people are leaving. It’s not the clients. It’s not the work. It’s this piece.”\u003c/p>\n\u003cp>The new state budget has some new language around homelessness funding. It requires that anyone applying for a grant be part of a regional plan that lays out the specific roles and responsibilities of each participant.\u003c/p>\n\u003cp>That was something the \u003ca href=\"https://www.counties.org/sites/main/files/file-attachments/at_home_-_accountability_details_-_final_5-19-23.pdf?1684533540\">California State Association of Counties pushed for (PDF)\u003c/a>, arguing that currently cities, counties and other groups too often fight over who should be building shelters, offering mental health help or providing other homeless services.\u003c/p>\n\u003cp>The budget also promises that it is the Legislature’s “intent” to provide additional the same funding in the 2024-25 fiscal year.\u003c/p>\n\u003cp>That’s not enough, said Graham Knaus, CEO of the California State Association of Counties.\u003c/p>\n\u003cp>“Counties cannot budget based on legislative intent,” he said. “Nobody can. We certainly can’t make multi-year commitments based upon intent where there’s no clarity about what’s going to happen next year.”\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/11954909/this-california-city-made-a-huge-impact-on-homelessness-then-money-ran-out","authors":["byline_news_11954909"],"categories":["news_31795","news_8"],"tags":["news_3921","news_24805","news_18538","news_25676","news_27626","news_16","news_20305","news_4020","news_32023","news_32277","news_4","news_2109","news_17983","news_30602","news_31793"],"affiliates":["news_18481"],"featImg":"news_11954914","label":"source_news_11954909"},"news_11950967":{"type":"posts","id":"news_11950967","meta":{"index":"posts_1591205157","site":"news","id":"11950967","score":null,"sort":[1685192454000]},"guestAuthors":[],"slug":"advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in","title":"Advocates for Unhoused San Franciscans Say Encampment Sweeps Continue Despite Court Order, Call on Judge to Rein City In","publishDate":1685192454,"format":"standard","headTitle":"Advocates for Unhoused San Franciscans Say Encampment Sweeps Continue Despite Court Order, Call on Judge to Rein City In | KQED","labelTerm":{"site":"news"},"content":"\u003cp>Lawyers for unhoused San Francisco residents and their advocates say the city isn’t complying with a court order to stop sweeps of homeless encampments until it has enough shelter beds for those on the streets. It’s the latest in the ongoing lawsuit challenging the city’s homelessness response.\u003c/p>\n\u003cp>In a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/05/Pls-Motion-to-Enforce.pdf\">motion filed Thursday (PDF)\u003c/a>, they’re asking the court to take steps to ensure the city doesn’t clear encampments or destroy unhoused people’s property while the suit moves forward. They want the court to appoint a special master to monitor the city’s actions, and require the city to produce sworn compliance reports.\u003c/p>\n\u003cp>“We’ve been seeing property destruction and we’ve been seeing people being removed from public spaces without offers of shelter,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness, one of the plaintiffs in the suit. “While we’ve seen improvements in the city’s response, we believe that they continue to violate the judge’s order.”[aside postID=news_11926891 hero='https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58870_Toro_Casta%C3%B1o_001-qut-1020x680.jpg']In December, a federal judge issued a preliminary injunction blocking the city from sweeping homeless encampments and citing people for sleeping on the streets. The ruling was based on evidence that the city isn’t offering shelter or following its own rules about seizing unhoused people’s property.\u003c/p>\n\u003cp>The order came after attorneys for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and the ACLU of Northern California filed suit in September on behalf of the coalition and seven city residents who are currently or were formerly unhoused over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.\u003c/p>\n\u003cp>The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>The city has been trying to fight the preliminary injunction, and is still waiting for a decision on its appeal. A spokesperson for the city attorney said San Francisco is following the court order and spending hundreds of millions of dollars on shelter and services for unhoused residents. “The City is also working to ensure San Francisco’s streets are clean, safe, and provide a sufficient path of travel for all, including persons with disabilities,” spokesperson Jen Kwart wrote in an email, adding that the office is reviewing the new motion and will respond in court.\u003c/p>\n\u003cp>The mayor’s office won’t comment, citing pending litigation. But Mayor London Breed has been \u003ca href=\"https://sfstandard.com/public-health/homelessness/ridiculous-san-francisco-mayor-london-breed-slams-homeless-sweeps-ban/\">outspoken in her criticism of the court order\u003c/a>, arguing it is hampering the city’s ability to take on the issue.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Still, ACLU attorney John Do, lead counsel on the case, said there were indications almost immediately that the city wasn’t complying with the preliminary injunction. “In early January, when we were faced with those series of atmospheric rivers, the city continued to destroy people’s survival gear right in the middle of that,” he said.\u003c/p>\n\u003cp>Do and his colleagues gathered declarations from 26 witnesses to dozens of enforcement actions they allege violate the court’s preliminary injunction. The witnesses include a public defender, an ACLU investigator, coalition staff and unhoused individuals who say city staff have continued to destroy their property and forced them to move as many as 20 times since the injunction was issued.\u003c/p>\n\u003cfigure id=\"attachment_11950986\" class=\"wp-caption alignright\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950986\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779.jpg\" alt=\"A white woman standings preparing a document, wearing a blue dress, and a man and woman beside her in a large crowded hall.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Jennifer Friedenbach (right) of the Coalition on Homelessness helps people lining up to question speakers at a town hall city budget meeting at the Tenderloin Community School, in San Francisco, on March 16, 2011. \u003ccite>(Liz Hafalia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawyers also draw on public dispatch data showing the city is still sending police, rather than outreach workers, to respond to complaints about homelessness, including for sit/lie enforcement, which is barred under the preliminary injunction.\u003c/p>\n\u003cp>Advocating for court intervention, the lawyers write, “The preliminary injunction cannot serve its purpose of protecting Plaintiffs from the City’s unconstitutional conduct while such unlawful conduct persistently evades this Court’s review.”\u003c/p>\n\u003cp>Friendenbach said ultimately she hopes the lawsuit leads to an overhaul in how the city addresses homelessness. She argues aggressive tactics can compound trauma and be counterproductive. She wants to see a trauma-informed approach that builds trust and matches services to needs. “We’re really trying to get a more thoughtful response that’s effective, that leads to people getting off the streets,” she said.\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Lawyers for the unhoused residents are calling on the court to appoint a special master to monitor the city's actions, and require the city to produce sworn compliance reports.","status":"publish","parent":0,"modified":1685472920,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":797},"headData":{"title":"Advocates for Unhoused San Franciscans Say Encampment Sweeps Continue Despite Court Order, Call on Judge to Rein City In | KQED","description":"Lawyers for the unhoused residents are calling on the court to appoint a special master to monitor the city's actions, and require the city to produce sworn compliance reports.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Advocates for Unhoused San Franciscans Say Encampment Sweeps Continue Despite Court Order, Call on Judge to Rein City In","datePublished":"2023-05-27T13:00:54.000Z","dateModified":"2023-05-30T18:55:20.000Z","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/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Lawyers for unhoused San Francisco residents and their advocates say the city isn’t complying with a court order to stop sweeps of homeless encampments until it has enough shelter beds for those on the streets. It’s the latest in the ongoing lawsuit challenging the city’s homelessness response.\u003c/p>\n\u003cp>In a \u003ca href=\"https://lccrsf.org/wp-content/uploads/2023/05/Pls-Motion-to-Enforce.pdf\">motion filed Thursday (PDF)\u003c/a>, they’re asking the court to take steps to ensure the city doesn’t clear encampments or destroy unhoused people’s property while the suit moves forward. They want the court to appoint a special master to monitor the city’s actions, and require the city to produce sworn compliance reports.\u003c/p>\n\u003cp>“We’ve been seeing property destruction and we’ve been seeing people being removed from public spaces without offers of shelter,” said Jennifer Friedenbach, executive director of the Coalition on Homelessness, one of the plaintiffs in the suit. “While we’ve seen improvements in the city’s response, we believe that they continue to violate the judge’s order.”\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11926891","hero":"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58870_Toro_Casta%C3%B1o_001-qut-1020x680.jpg","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>In December, a federal judge issued a preliminary injunction blocking the city from sweeping homeless encampments and citing people for sleeping on the streets. The ruling was based on evidence that the city isn’t offering shelter or following its own rules about seizing unhoused people’s property.\u003c/p>\n\u003cp>The order came after attorneys for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and the ACLU of Northern California filed suit in September on behalf of the coalition and seven city residents who are currently or were formerly unhoused over its sweeps of homeless encampments, arguing that forced displacements and destruction of property violate their constitutional rights.\u003c/p>\n\u003cp>The lawsuit is asking the court to prevent the city from punishing people for sleeping on public property or seizing their belongings until the city can guarantee the availability of appropriate shelter.\u003c/p>\n\u003cp>The city has been trying to fight the preliminary injunction, and is still waiting for a decision on its appeal. A spokesperson for the city attorney said San Francisco is following the court order and spending hundreds of millions of dollars on shelter and services for unhoused residents. “The City is also working to ensure San Francisco’s streets are clean, safe, and provide a sufficient path of travel for all, including persons with disabilities,” spokesperson Jen Kwart wrote in an email, adding that the office is reviewing the new motion and will respond in court.\u003c/p>\n\u003cp>The mayor’s office won’t comment, citing pending litigation. But Mayor London Breed has been \u003ca href=\"https://sfstandard.com/public-health/homelessness/ridiculous-san-francisco-mayor-london-breed-slams-homeless-sweeps-ban/\">outspoken in her criticism of the court order\u003c/a>, arguing it is hampering the city’s ability to take on the issue.\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>Still, ACLU attorney John Do, lead counsel on the case, said there were indications almost immediately that the city wasn’t complying with the preliminary injunction. “In early January, when we were faced with those series of atmospheric rivers, the city continued to destroy people’s survival gear right in the middle of that,” he said.\u003c/p>\n\u003cp>Do and his colleagues gathered declarations from 26 witnesses to dozens of enforcement actions they allege violate the court’s preliminary injunction. The witnesses include a public defender, an ACLU investigator, coalition staff and unhoused individuals who say city staff have continued to destroy their property and forced them to move as many as 20 times since the injunction was issued.\u003c/p>\n\u003cfigure id=\"attachment_11950986\" class=\"wp-caption alignright\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11950986\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779.jpg\" alt=\"A white woman standings preparing a document, wearing a blue dress, and a man and woman beside her in a large crowded hall.\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/05/GettyImages-1321591779-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Jennifer Friedenbach (right) of the Coalition on Homelessness helps people lining up to question speakers at a town hall city budget meeting at the Tenderloin Community School, in San Francisco, on March 16, 2011. \u003ccite>(Liz Hafalia/The San Francisco Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawyers also draw on public dispatch data showing the city is still sending police, rather than outreach workers, to respond to complaints about homelessness, including for sit/lie enforcement, which is barred under the preliminary injunction.\u003c/p>\n\u003cp>Advocating for court intervention, the lawyers write, “The preliminary injunction cannot serve its purpose of protecting Plaintiffs from the City’s unconstitutional conduct while such unlawful conduct persistently evades this Court’s review.”\u003c/p>\n\u003cp>Friendenbach said ultimately she hopes the lawsuit leads to an overhaul in how the city addresses homelessness. She argues aggressive tactics can compound trauma and be counterproductive. She wants to see a trauma-informed approach that builds trust and matches services to needs. “We’re really trying to get a more thoughtful response that’s effective, that leads to people getting off the streets,” she said.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11950967/advocates-for-unhoused-san-franciscans-say-encampment-sweeps-continue-despite-court-order-call-on-judge-to-rein-city-in","authors":["11276"],"categories":["news_6266","news_6188","news_8"],"tags":["news_20305","news_4020","news_38","news_29607","news_30602","news_31793"],"featImg":"news_11950989","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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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But is this once sleepy suburb ready for them?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/American-Suburb-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/news/series/american-suburb-podcast","meta":{"site":"news","source":"kqed","order":"13"},"link":"/news/series/american-suburb-podcast/","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?mt=2&id=1287748328","tuneIn":"https://tunein.com/radio/American-Suburb-p1086805/","rss":"https://ww2.kqed.org/news/series/american-suburb-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkMzMDExODgxNjA5"}},"baycurious":{"id":"baycurious","title":"Bay Curious","tagline":"Exploring the Bay Area, one question at a time","info":"KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. 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Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.","airtime":"MON-FRI 3am-9am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.npr.org/programs/morning-edition/","meta":{"site":"news","source":"npr"},"link":"/radio/program/morning-edition"},"onourwatch":{"id":"onourwatch","title":"On Our Watch","tagline":"Police secrets, unsealed","info":"For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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