Officials in Long Beach, California, have announced they will begin fining and potentially arresting homeless people in an effort to address the most “problematic” encampments.
The decision came after the Supreme Court ruled 6-3 that cities can ban people from sleeping or camping in public places and arrest them even if there is no public shelter. The ruling overturned a lower court ruling that found such practices to be cruel and unusual punishment in violation of the Eighth Amendment when people have no other place to sleep.
Following the Supreme Court's June ruling, Gov. Gavin Newsom issued a directive ordering state officials to remove homeless encampments. Earlier this month, Newsom took to the streets to clean up trash left behind at homeless encampments.
Now, Long Beach has become the latest municipality to announce its intention to comply with that order.
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A notice of impending enforcement of camp removal, required by law 72 hours before removal, is tossed in a trash can as police watch city crews enforce a new policy on homeless camps at Gumbiner Park in Long Beach, California, on August 19, 2024. (Brian van der Burg/Los Angeles Times via Getty Images)
“This enforcement mechanism will be used as an additional tool when appropriate while continuing to apply a people-centered approach to addressing homelessness,” Long Beach Deputy City Manager Theresa Chandler said in a memo released last week.
City officials said they plan to target encampments that pose a threat to the public or block access to libraries, beaches and parks, according to the memo. They also plan to identify encampments where people have repeatedly refused to provide shelter.
The city's public works team responded to 3,200 encampments last year, according to the memo, but city officials did not disclose how much it would cost to file charges or the length of jail time that those who ignore them could face.
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As police look on, a homeless man confronts city officials enforcing a new policy regarding homeless camping at Gumbiner Park in Long Beach on August 19, 2024. (Brian van der Burg/Los Angeles Times via Getty Images)
On Thursday, Los Angeles cleanup crews did the same at Dockweiler State Beach, he said. California Grove, He ignored public opposition to the order from county supervisors.
California legal experts interviewed by Fox News Digital were hopeful but unsure whether the new executive order would be effective.
“Idea [that] “It's laughable that you can throw someone in jail just for being homeless,” said criminal defense lawyer David Wall. “In Los Angeles County, where there are prisons, I've had clients get 120-day sentences for felonies and be released the next day.”
“The Los Angeles County Jails are overcrowded and no one will be in jail because they're homeless,” he continued.
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Los Angeles Police oversee the removal of a homeless encampment near the Venice Beach boardwalk in Venice, California, on August 5, 2024. Gov. Gavin Newsom has issued an order directing state agencies to remove homeless camps, signaling increased enforcement in the state with the largest homeless population. (Mark Abramson/Bloomberg via Getty Images)
He further added:[W]What will you do if the fine is not paid?”
Civil rights attorney Leo Terrell questioned Governor Newsom's motives for issuing the executive order.
“I'm old enough to remember Gavin Newsom had a plan to address homelessness. That was in 2008,” he told Fox News Digital. “Why now? [because it’s an] Is it an election year?
Terrell also recalled that Governor Newsom had invited homeless people from around the world to California in 2021, promising to provide housing and food for all of them. Colorado Springs Gazette.
“Congratulations Long Beach,” Terrell said. “You're about 10 years behind schedule. I don't care if your motivation is a governor's executive order or a Supreme Court ruling. I hope that ruling is followed everywhere in California.”
Much of Long Beach's success will depend on police and judges being willing to arrest and punish homeless people, he said.
Governor Gavin Newsom and California Department of Transportation officials clean up an encampment near Paxton and Remick streets in Los Angeles on August 8, 2024. (Jason Almond/Los Angeles Times via Getty Images)
“Will the city attorney prosecute these cases? It can be a dilemma,” he said. “Will they be charged with a crime? Will they go to jail? A lot of people get summonses and don't show up.”
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“Will the city attorney of Long Beach put the money into keeping these areas clean? And more importantly, will the city attorney and city council give the green light to the Long Beach Police Department and say, 'We're going to allow you to keep these areas clean 24/7, 365 days a year,'” he said.
Fox News Digital has reached out to the Long Beach Police Department, the city attorney, the city prosecutor, the Los Angeles County district attorney and Newsom's office for comment.
