Encampments on state property that pose an imminent threat to public safety will be removed. At other camps, a notice to vacate will be posted.
After the Supreme Court issued a ruling in June that allows local governments to enforce laws related to illegal camping and homelessness, California Gov. Gavin Newsom issued an executive order on July 25 directing state departments and agencies to start clearing encampments.
“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,” Mr. Newsom said in a statement accompanying the order.
Although he cannot force local governments to act in their jurisdictions, he urged officials to adopt policies that allow for the removal of homeless camps to help protect public safety.
“There are simply no more excuses,” Mr. Newsom said. “It’s time for everyone to do their part.”
The executive order noted the effect of legal action and injunctions that have prevented local officials from removing encampments in the past, thus “leaving officials without the tools or guidance necessary to address the crisis on their streets.”
The Ninth U.S. Circuit Court of Appeals decision in a case known as Grants Pass issued in September 2022 blocked local governments from clearing encampments and enforcing their laws, with justices declaring that such action would be “cruel and unusual punishment” if sufficient shelter space were not available.
But the high court’s 6–3 ruling on June 28 overturned the decision.
“Though doubtless well intended … answers to questions such as what constitutes ‘involuntarily’ homelessness or when a shelter is ‘practically available’ cannot be found in the cruel and unusual punishments clause [of the U.S. Constitution],” Supreme Court Justice Neil Gorsuch wrote in the majority opinion. “Nor do federal judges enjoy any special competence to provide them.”
With the legal obstacles now removed, the governor is ordering agencies and departments under his authority to immediately begin clearing encampments from state property.
