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Newsom’s order to clear encampments could backfire

Two people in reflective vests stand on a sidewalk as a police officer carries a small tent away.
A police officer removes the tent of a homeless man as city workers look on at Venice Corner Ball Park in Venice on July 11.
(Genaro Molina/Los Angeles Times)
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Good morning. It’s Friday, July 26. Here’s what you need to know to start your day.

How Newsom’s order to clear encampments could backfire

The ripple effects of the U.S. Supreme Court’s Grants Pass ruling grew into a wave in the Golden State this week.

Gov. Gavin Newsom issued an executive order Thursday directing state agencies to clear “dangerous” homeless encampments from state land, saying they pose health and safety risks.

Counties and cities are not subject to the order, but Newsom encouraged them to follow the state’s lead.

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It’s the latest action from the increasingly perturbed governor, who’s been pointing fingers at local jurisdictions for a lack of progress to reduce homelessness.

“There are simply no more excuses,” Newsom said in a statement. “It’s time for everyone to do their part.”

Newsom’s new order is facing criticism from civil rights groups and advocates for unhoused people, along with members in his own party, who argue taking down tents won’t fix the crises that have made California the unsheltered homelessness capital of the U.S.

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And given that cities across the state have more unhoused people than shelter beds, where are those who are pushed out of encampments supposed to go? The state has an estimated 181,000 homeless people, 70% of whom are unsheltered.

What does the order do?

Under Newsom’s order, state agencies will assess encampments to identify any “imminent threat to life, health, safety or infrastructure.” For those at highest risk, the people living in the camp would be given “as much advance notice to vacate as reasonable under the circumstances,” according to Newsom.

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For encampments that state workers determine do not pose any imminent threats, unhoused residents would be given “at least 48 hours” to leave. State officials are also instructed to contact service providers on behalf of camp dwellers and help store their belongings for at least 60 days.

In his order, Newsom writes that local governments’ efforts to sweep encampments had been “stymied…by lawsuits and injunctions.”

Newsom’s office cited the Grants Pass ruling in a press release about his order, writing that “local governments now have the tools and authority to address dangerous encampments and help provide those residing in encampments with the resources they need.”

A row of tents line a street in downtown Los Angeles.
With more unhoused people than shelter beds across the Golden State, where are those cleared from their encampments supposed to go?
(Luis Sinco/Los Angeles Times)

Newsom’s order faces scrutiny

Newsom’s order encourages local governments to take advantage of state funding for housing and homelessness intervention programs and move with urgency “to humanely remove encampments from public spaces.”

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Earlier court rulings deemed it unconstitutional for cities to clear encampments if people had no other options for shelter.

The Public Policy Institute of California crunched federal housing data this May and determined that none of the state’s 44 regional homelessness response networks “has sufficient shelter for its homeless population.”

But the Grants Pass ruling removed that shelter contingency. Now critics fear that without requiring safe alternatives — emergency shelters and interim housing that ideally puts unhoused people on a path to permanent housing — the crisis will deepen and cause more harm.

“There’s no such thing as a humane clearing of an encampment,” said Anthony Prince, lead counsel for the Sacramento Homeless Union. “People are traumatized. The shelters are full and there’s no place to go.”

Prince vowed that his union would be stepping up legal challenges. The group fought successfully to turn an encampment in Sacramento into a city-sanctioned, self-governed community, though it’s been a messy fight to secure services and pathways to housing for residents.

Margot Kushel, professor of medicine and director of the Benioff Homelessness and Housing Initiative at UC San Francisco, worries that Newsom’s order signals that the Grants Pass decision “has opened the door to jurisdictions leaning into their worst instincts.”

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Criminalizing homelessness does nothing to reduce homelessness, Kushel argued, but will likely worsen it. Meanwhile, the state’s crisis-level lack of affordable housing puts even more Californians at the edge of homelessness.

“We talk a lot about how much we spend on homelessness, but…we [also] have a deep structural deficit in this state of a million units” of affordable housing, she said.

The ACLU of California slammed the order, saying the state has opted to “address a systemic problem with a superficial fix.”

“Newsom’s plan to displace and dispossess unhoused people, even though the state does not have enough housing, is a cruel tactic that only masks the problem,” the ACLU’s statement reads.

A group of tents spread next to a freeway as cars pass by.
A homeless encampment along the 110 Freeway previously cleared up by Caltrans returned near Ave 43 on July 25 in Highland Park.
(Brian van der Brug/Los Angeles Times)

The governor also faced criticism from fellow Democrats, including Assemblymember Alex Lee (D-San Jose), who called encampment sweeps ineffective, fiscally wasteful and “morally wrong.”

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“You get your highway off ramp clean for a moment only,” Lee wrote in an X post. “Without meaningful services and housing, all sweeps do is [make] a prominent inequality less visible.”

How will cities respond?

There’s also concern that the SCOTUS ruling and Newsom’s directive will lead cities to push unhoused people into neighboring cities, as allegedly happened in Los Angeles last month. Los Angeles Mayor Karen Bass previously criticized the Grants Park ruling, writing in a statement that it “must not be used as an excuse for cities across the country to attempt to arrest their way out of this problem or hide the homelessness crisis in neighboring cities or in jail.”

“Neither will work, neither will save lives and that route is more expensive for taxpayers than actually solving the problem,” she said.

For Kushel, of the Benioff Homelessness and Housing Initiative, the lasting impact of Newsom’s order will be borne out in the metrics.

“Did they move people, really, into shelter — and did they move them from shelter into permanent housing? That’s what we hold people accountable for,” she said. “If we move people from one place to another place, that doesn’t meet our goal.”

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