K.C. Alvey walks cautiously along the shaded trail behind her apartment in Folsom, California, with her dog, Stuart. The trail, running alongside Humbug Creek, has seen an influx of homelessness since the pandemic began.
One of these campers is a man who often emerges from the brush, shouting in fear and tearing at tree limbs. Another is a hoarder who fled with his dog as a cleanup crew cleared his massive campsite filled with shopping carts, three beds, throw pillows, art, books, mirrors on trees, rugs, and torch fuel. Rogue campfires have also been a frequent issue.
Until recently, federal appellate courts had restricted cities from clearing encampments. However, a recent Supreme Court ruling has allowed cities to remove homeless residents sleeping outdoors, a decision already influencing how cities handle homelessness. Just three days after the ruling, Folsom police announced they would start citing non-compliant illegal campers, while also partnering with nonprofits for increased homeless outreach.
Alvey, 57, a marketing manager, is watching to see what happens next. Although the homeless campers sometimes unsettle her, she also hopes they have safe places to go.
In the two weeks since the Supreme Court allowed the city of Grants Pass, Oregon, to penalize public sleeping and camping, city leaders across the country have been revising ordinances and preparing to take stricter actions on homeless encampments. The homelessness crisis has been particularly severe in Western states, where tent communities have grown since the pandemic.
Some cities are eager to act quickly. Mayor R. Rex Parris of Lancaster, California, a Republican, expressed a readiness to clear encampments aggressively. “I’m warming up the bulldozer,” he said, aiming to remove tents from residential areas, shopping centers, and freeways.
In the Antelope Valley, which includes Lancaster, shelter populations increased last year, but unsheltered homelessness rose more significantly. Over 5,500 people are now sleeping outdoors in this region, known for its extreme weather conditions.
Mayor Parris acknowledges that some people have fallen on hard times but emphasizes that Lancaster offers a state-of-the-art shelter with available beds. However, he believes that many homeless individuals prefer not to use these facilities.
This sentiment is shared beyond Republican leaders. In San Francisco, where Mayor London Breed is facing a tough reelection battle, businesses have been campaigning to eliminate homeless encampments. Breed, a Democrat, has stated that homeless people refusing services are partly to blame for the city’s downtown economic struggles.
In Burien, Washington, city leaders are clashing with the county sheriff over enforcing public camping bans. Despite the Supreme Court ruling, the sheriff’s department has declined to take action, citing constitutional concerns.
On a recent afternoon, homeless residents were seen around tents and makeshift structures near the county courthouse in Burien. Some hoped the city would allow them to stay until they could find permanent housing. Mayor Kevin Schilling advocates for combining enforcement with outreach to encourage people to accept services such as drug treatment, mental health services, or temporary shelter.
Grants Pass, Oregon, has faced legal challenges as it navigates its next steps. Although a court injunction remains in place, officials expect it to be lifted soon. Recent community meetings have seen residents expressing frustration over the presence of homeless people in public spaces.
The Supreme Court ruling maintains several civil protections, including prohibitions on excessive fines and due process violations. Local governments can still face lawsuits and must address the needs of vulnerable, poor, and unsheltered people. Legal advisers in California have recommended that municipalities provide ample notice of enforcement, set affordable fines, and use anti-camping laws to encourage homeless people to accept services.
Eve Garrow, a senior policy analyst with the American Civil Liberties Union of Southern California, criticized this approach as disingenuous in a state with long waiting lists for subsidized housing.
A significant court decision in 2018 had declared it unconstitutional to punish people for sleeping outside when they had no other legal option. This ruling had limited cities’ ability to use arrests and citations to address homelessness. Consequently, governments were forced to increase spending on homeless services and affordable housing.
Conservative policymakers argue that this approach has failed. New laws in several Republican-led states have cracked down on encampments and shifted away from a primarily government-funded approach.
In Democratic-led areas, strategies focus more on understanding why individuals are homeless and providing suitable remedies. Los Angeles, under Mayor Karen Bass, has made progress in moving people off the streets and into shelters, leading to the city’s first decline in unsheltered individuals in years. Bass criticized the Supreme Court decision, emphasizing the need for housing and supportive services rather than arrests.
However, not all in Los Angeles agree. Traci Park, a City Council member, called for a review of existing anti-camping restrictions and a comparison of regulations across the county.
In Folsom, a city of about 80,000 known for its hiking trails and nearby prison, the ruling has sparked debate over compassion and order. The city’s homeless population has grown from fewer than 20 before the pandemic to over 130 this year. Folsom has long had restrictions on public camping, but enforcement has relied on other ordinances since the 2018 ruling.
A special task force to address tent camps began work just after the Supreme Court decision. Lt. Chris Emery of the Folsom Police Department emphasized a balanced approach, stating, “We’re not the hammer of justice, and not everyone is a nail.”
As waste removal crews arrived at a campsite, the police team tried to persuade the homeless camp proprietor to speak with an outreach worker, but they were unsuccessful. Jeanne Shuman, founder of Jake’s Journey Home, a local nonprofit, noted that the ruling has made Folsom’s homeless people realize their options are limited.
Paul Hebbe, 58, recounted being awakened by officers at 3 a.m. on July 4. He refused to move to a shelter and instead left with his belongings. Although he was not cited, he expressed frustration over the situation.
Folsom Police Chief Rick Hillman said the ruling provides an additional tool for enforcing camping restrictions but emphasized that only the most egregious repeat offenders would be cited. “I don’t want to bog down our justice system with tickets for people experiencing homelessness,” he said. “We’re trying to get them to take advantage of services.”
