SAN DIEGO (KGTV) — An ordinance banning homeless encampments in public places when shelter beds are available could soon be tested in court and the mayor is vowing to fight to defend it.
“There needs to be a test established as to when a specific public safety concern is so strong that it outweighs the constitutional right to be able to sleep on the street if there's no available shelter,” said retired Superior Court Judge Laura Halgren.
The sweeping ordinance passed by City Hall on Tuesday night with a 5-4 vote would ban encampments near transit hubs and schools at all times. It would apply even when no shelter beds are available in San Diego.
Halgren said she could see the ordinance challenged in court in two ways.
“Someone could get arrested under this ban and then as a defense in court claim a necessity defense that they had no alternative. Alternatively, a group might decide to bring a challenge up front and perhaps seek an injunction or claim a civil rights violation.”
San Diego Mayor Todd Gloria said the ordinance is necessary and balances the rights of the homeless with the city’s obligation to protect public health and safety.
“The CAO and Mayor are confident it is legally defensible and will fight to defend it to the fullest extent,” said Dave Rolland, Gloria’s deputy director of communications in an email.
The Alpha Project for the Homeless said it is worried seniors, people with disabilities and mental illness are going to be negatively impacted and shelter beds don’t work for everyone.
"As it stands right now, it doesn't seem like the resources are there yet,” said Sophia Cardenas, data and compliance manager with the non-profit.
The Lucky Duck Foundation praised the ordinance.
Speaking outside Perkins Elementary School, executive director Drew Moser explained how kids at the school must walk on the road to avoid encampments.
“It's completely unacceptable that we're putting youth in that situation, where they have to walk in the street and witness some of the just unacceptable behavior that's taking place on the street.”
The mayor’s office said the ordinance should come into force on July 30.
