SAN FRANCISCO – City officials in San Francisco are preparing to move forward with sweeping homeless encampments after receiving the latest legal guidance as a years-long battle over the issue plays out in court.
San Francisco officials say the majority of homeless people in encampments who are offered housing routinely turn it down. But now, because of new judicial guidance in an ongoing federal case, these people can't just stay on the streets.
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On any given day, residents say Willow Street near Van Ness is lined with trash and tents.
“People who know Willow, it's become really notorious. And for two years it's been really, really bad and it's extremely unsafe,” said Ricky, an area resident who did not want to reveal his last name for privacy reasons. “We see that a lot of electricity is stolen. We see fires. We saw vandalism.”
On Monday evening, a neighbor also filmed a rare drug discovery on the street.
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Last month, Mayor London Breed posted a video on X of her visit to Willow Street, showing workers cleaning up. She said the goal is to get people into shelters and off the streets.
For the entire year, an injunction has prevented the city from enforcing certain laws against those who refuse protection on our streets.
The good news: A recent clarification from the court now shows us the way forward.https://t.co/PJpjeNWhXa
— London Breed (@LondonBreed) September 25, 2023
In a series of posts on a path forward for us.
Residents said the camps returned the next day.
“It gets better for a day or two, but then it goes back to normal,” Ricky said.
Mayor Breed said San Francisco has finally received clarity from the Ninth Circuit – the city will be allowed to enforce a series of laws against sitting, lying and sleeping on public streets and sidewalks for people who refuse shelter @KPIXtv 11 p.m. pic.twitter. com/hMc2gv5bv9
— Betty You (@bett_you) September 26
The Ninth Circuit provided clarity about who is considered “involuntarily homeless.”
“If city workers offer concrete offers of available housing to homeless individuals and they refuse that offer, then the law can be enforced against them. “They are not allowed to pitch their tent on the street,” said city attorney David Chiu.
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Chiu said this development means people should see fewer camps and cleaner streets over time.
However, the lawsuit filed by homeless advocates is still pending, and the ban on clearing encampments until there are more homeless beds than homeless people remains in effect. But the mayor said there is now a path forward to enforce laws against those who are voluntarily homeless.
“I would say it's really good that they sorted that out. Firstly, many of these people need a home. So pushing them and telling them there's a home for them would help a lot,” Ricky said. “But those who don't want to be moved, we believe… a lot of them cause a lot of trouble.”
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Since KPIX first reported on Willow Street nearly two years ago, a new encampment has sprung up a block away on Eddy Street on Van Ness Street. Residents say it has only grown.
“The residents – we talked about it. Now there are no more excuses, now at least some of it needs to be cleaned up,” Ricky added.
Chiu said city departments are working on logistics for the upcoming evictions.
Meanwhile, a trial date for the federal case has been set for late next year.
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