Newsom’s action comes a month after the U.S. Supreme Court issued its most significant decision in decades on homelessness. In a 6-3 decision, the Court ruled that ordinances barring homeless encampments on public property are not unconstitutional. Lower court rulings had deemed such policies as cruel and unusual punishment under the Eighth Amendment. “The Constitution’s Eighth Amendment serves many important functions, but it does not authorize federal judges to wrest those rights and responsibilities from the American people and in their place dictate this Nation’s homelessness policy,” Justice Neil Gorsuch said, writing for the majority. The decision reversed six years of protections for homeless people in western states, which had previously barred cities from punishing homeless individuals sleeping outside if they had nowhere else to go. “No more excuses. We’ve provided the time. We’ve provided the funds. Now it’s time for locals to do their job,” Newsom said regarding the order in a post on X. Chris Herring, an assistant professor of sociology at the University of California Los Angeles, responded to the executive action stating that Newsom’s order aims to “politically clear his name of the homeless crisis, especially as he’s in the national spotlight right now amid the presidential election.” Historical Context In 2013, the city of Grants Pass had up to 600 people experiencing homelessness per night. City officials increased enforcement of ordinances that barred the use of blankets, pillows, and cardboard boxes while sleeping within the city. Violators were subjected to a $295 fine, which increased to $537.60 if unpaid. Additionally, upon receiving two citations, police could issue an order banning that individual from city property. Anyone who violated that order could be convicted of criminal trespass charges, carrying penalties of up to 30 days in jail and a $1,250 fine. In 2018, John Logan and Gloria Johnson, who had been homeless in the city, brought a lawsuit challenging the constitutionality of the city ordinances. A federal court sided with them and prohibited the city from enforcing the ordinances at night and, in some cases, during the day. New Policy Newsom’s executive order will directly impact thousands of people living in tents and makeshift shelters that line California freeways and parks. “This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them — and provides guidance for cities and counties to do the same,” Newsom said in a statement. “The state has been hard at work to address this crisis on our streets,” he added. “There are simply no more excuses. It’s time for everyone to do their part.” While Newsom cannot force local officials to act, he can apply pressure to clean up the camps by withholding funds for counties and cities. The order directs state agencies and departments to adopt “humane and dignified policies” to quickly address encampments on state property. Shortly after the order’s announcement, it was anticipated that Newsom’s policy shift could divide local Democratic leaders within the state. Los Angeles Mayor Karen Bass, who opposed last month’s Supreme Court ruling, is not supportive of Newsom’s order. “Strategies that just move people along from one neighborhood to the next or give citations instead of housing do not work,” she said. “We thank the Governor for his partnership thus far and hope that he will continue collaboration on strategies that work.” San Francisco Mayor London Breed said in a statement posted to X that her city is embracing the order and has already begun efforts to clean up encampments. “San Francisco is already doing what the Governor is calling for, with efforts well underway since long before the Grants Pass ruling,” she wrote. “We’ve made significant investments in shelter and housing, and consistent daily outreach continues to offer services and support. This proactive approach has led to a five-year low in our street tent count.” She added that her office expects the Ninth Circuit court to formally lift the injunction that placed limits on the city’s response, allowing San Francisco to implement new policies under the Supreme Court’s Grants Pass ruling.California Gov. Gavin Newsom has signed an executive order directing state officials to begin dismantling thousands of homeless encampments, which have been a flashpoint in cities throughout the Golden State for years.
