Newsletter

Authority Webinar: Homelessness Response After Grants Pass

On August 1, 2024, the California JPIA hosted a webinar regarding the U.S. Supreme Court’s recent ruling in Johnson v. City of Grants Pass. This ruling changed how public agencies can enforce ordinances relating to homeless camping, personal property storage, and overnight vehicle camping. Public agencies that complied with the 9^th Circuit’s ruling in Martin v. City of Boise now have regulatory and enforcement options to consider.

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During the webinar, Matt Silver, with Civica Law, provided an overview of the prior ruling in Martin v. City of Boise and the roadmap to the current ruling. Code enforcement approaches to public camping include informing unhoused individuals of services and resources, hosting public education workshops, and conducting outreach. Other approaches include administrative, civil, and criminal enforcement, which are ordinance and state law dependent. For criminal enforcement, agencies contracting for law enforcement services should be aware of contracted sheriff department policies and county policies regarding jail processing for ordinances.

Members are advised to:

• Review existing ordinances for potential amendments
• Review policies and procedures on enforcement, how enforcement will take place, and addressing confiscation of property
• Record and maintain evidence
• Provide periodic training to review enforcement procedures
• Utilize available judicial resources

It’s important to note that code enforcement powers are limited to current ordinances in effect. Members are advised to work with legal counsel when updating their ordinances, policies, and procedures. If you have questions, please contact your regional risk manager.

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