Sacramento judge rejects bid to block homeless measure from November ballot
A measure that would allow the city of Sacramento to clear more homeless encampments will go before voters in November despite a legal challenge from advocates who tried to block it from the upcoming election.
Sacramento Superior Court Judge Shelleyanne W.L. Chang in a ruling Thursday sided with the city and sent Measure O to the ballot. It would require the city to identify about 600 more shelter beds, and it would empower officials to clear encampments of four or more people even if the city cannot give them somewhere else to go.
Five homeless advocacy organizations sued the city earlier this month alleging the measure would violate a 2018 decision by the 9th Circuit Court of Appeals that generally prohibits governments from criminalizing people for living outdoors when shelter beds are unavailable. The case is known as Martin vs. Boise
The City Council in April agreed to put the homeless measure before voters after a business-backed group gathered signatures to place it on the ballot as an initiative. The council adjusted the measure earlier this month in such a way that it would take effect only if Sacramento County commits to supporting social services for homeless people.
Chang’s ruling left the door open for the activists to challenge the measure after the election.
“These issues can be litigated post-election, and perhaps be the subject of a temporary restraining order at that time, if necessary and the appropriate showing is made,” Chang wrote in the ruling. “If the ordinance is passed by the voters it will take time to implement, and only becomes operative upon the City and the County approving a legally-binding memorandum of understanding concerning their respective roles to ‘improve the homelessness crisis.’ There will certainly be enough time for judicial intervention post election.”
There are currently 2,400 city and county shelter spaces for roughly 9,300 homeless people in Sacramento on any given night. All shelter spaces are typically full, which under Martin vs. Boise prevents Sacramento from clearing encampments.
“What this is about is forcing the city to enforce its anti-camping ordinance ... which it doesn’t choose to now, because of the restraints of Martin (v. Boise),” Mark Merin, attorney for the homeless advocates, said during an emergency hearing Wednesday. “What (the measure proponents) want is just for the city to eradicate homeless people.”
Can Sacramento afford more shelter?
The proponents of the measure, mostly business leaders, have pointed out it would likely force the city to open more shelter beds to help people, though not nearly as many as they originally proposed.
Merin said the city officials have said they cannot afford the measure. Sacramento today spends about $30 million a year to fund 1,100 shelter spaces and city budget projections show officials anticipate running a deficit in the next fiscal year.
Chang in court asked Andrea Velasquez, supervising deputy city attorney, about the measure’s cost. She said that while could be a reason for people to decide to vote no, it’s not a reason for the city to remove it from the ballot.
“That is the whole point of our democratic process,” Velasquez said Wednesday.
Homeless measure likely to pass
Voters will likely approve the measure, as it is polling at roughly 70%, Joshua Wood of Region Business, one of the measure’s proponents, has said. The Sacramento Metropolitan Chamber of Commerce and Daniel Conway, chief of staff to former mayor Kevin Johnson, are also proponents. It’s supported by many business groups and also the Sacramento Police Officers Association.
The lawsuit plaintiffs include the Sacramento Homeless Union, Sacramento Area Congregations Together, Sacramento Regional Coalition to End Homelessness, Organize Sacramento and the Sacramento Housing Alliance.
Councilwoman Katie Valenzuela stood with the advocates to criticize the measure during a press conference earlier this month. Valenzuela and councilwoman Mai Vang both voted against putting the measure on the ballot, raising some of the same concerns as the lawsuit. It passed 7-2.
The Sacramento Homeless Union in a separate case filed a motion asking a federal judge to extend an injunction barring the city from clearing tent encampments on public property. The initial order blocking the city from removing tents expired Thursday morning.
This story was originally published August 25, 2022 at 4:33 PM.
