How U.S. Supreme Court's ruling on homeless camping affects San Francisco

San Francisco officials and advocates are planning their next steps after a U.S. Supreme Court decision effectively gave the OK for cities to enact restrictive laws targeting outdoor camping.

Why it matters: City officials lauded the decision on Friday, saying it would give them more flexibility to address long-term encampments while keeping streets safe and clean.

Driving the news: The Supreme Court sided with Grants Pass, Oregon in a 6-3 ruling Friday, saying the city has the authority to enforce ordinances that criminalize behaviors associated with being unhoused — like sleeping or camping on public property or parks — even when no shelter is available.

Catch up quick: A lower court decision ruling against Grants Pass served as the basis for a December 2022 emergency order that barred San Francisco from clearing encampments until more shelter beds are available.

• That lawsuit, brought on behalf of the Coalition on Homelessness, accused SF of violating unhoused people's rights , destroying their belongings and unlawfully endangering their lives with its methods for clearing encampments.

Zoom in: While it was later clarified that city workers can clear an encampment if a person experiencing homelessness rejects a specific shelter offer, San Francisco submitted an amicus brief to the Supreme Court arguing the lower court ruling " overextended the Eighth Amendment ."

• The brief is quoted in Justice Neil Gorsuch's majority opinion, where he points to San Francisco as a city that enforces anti-camping laws not to criminalize homelessness but "as one important tool among others" in the balance of servicing people in need and maintaining public safety.

What they're saying: "There are many people struggling on our streets with addiction and mental illness, and our outreach workers will offer access to treatment," Mayor London Breed said in a statement . "But those who refuse our help or those who already have shelter will not be allowed to camp on our streets."

• San Francisco is reviewing the decision to ensure its policies and procedures are updated accordingly, Breed said.
• While city workers will continue to offer shelter, "my hope is that we can clear them all," she later said about encampments during a news conference. Increasing arrests and citations for unhoused people "is not being ruled out at this time," she added.

The other side: The "shameful decision guts a key civil rights protection for unhoused people," John Do, senior attorney at the ACLU of Northern California, said in a statement .

• "San Francisco should not interpret this ruling as a green light to unlawfully crack down on unhoused residents."

Between the lines: A 2016 voter proposition requires the city to give 24-hour advance notice and offer available shelter before clearing a tent.

• That didn't change under the emergency order, and it's something homeless advocates say they're closely monitoring amid any changes resulting from the Supreme Court ruling.

The big picture: San Francisco's most recent quarterly tent count, conducted at the end of April, found a 41% reduction in tents and structures from July 2023.

Yes, but: Researchers tell Axios only housing — and much more of it — will solve the crisis.

What to watch: The Grants Pass case addressed only one of 13 claims in the ongoing lawsuit against San Francisco, which will go to trial in May 2025.

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