KINGSBURG – Following in the aftermath of the Supreme Court’s ruling in City of Grants Pass, Oregon v. Johnson (Grants Pass), the city of Kingsburg became the latest local government to implement a no-camping ordinance.
The Kingsburg City Council voted unanimously at its Oct. 2 meeting to pass the ordinance. The Kingsburg resolution mirrors those ordinances recently implemented by Fresno County and the city of Fresno.
Grants Pass overturned the 2018 U.S. Court of Appeals for the Ninth Circuit’s ruling in Martin v. City of Boise. In that case, the court found that governments did not have the right to evict individuals from homeless encampments if no alternative shelter was available. The court rules this was a violation of an individual’s Eighth Amendment rights.
In Grants Pass, the Supreme Court disagreed. The Court argued it is not a government’s responsibility to provide shelter options. Fresno County Board of Supervisor Steve Brandau, who introduced the county ordinance, when defending his ordinance, added, “This isn’t about penalizing homelessness. It’s about penalizing the act (of illegal camping).”
Regardless of how one interprets Grants Pass, it is now the vogue for municipalities. And while homeless advocates argue the ruling does violate an individual’s Constitutional rights, residents have grown increasingly frustrated with what they see are individuals taking over public places, particularly public parks.
THE TIMING IS RIGHT
Kingsburg City Manager Alex J. Henderson introduced the ordinance. In the executive summary of the agenda item, regarding encampments on public property, Henderson wrote, “Unlawful camping interferes within the rights of the public to use and access public areas in a safe, healthy and peaceable manner.”
Regarding encampments on private property, Henderson wrote, “Unlawful camping on private property adversely affects private property owner rights as well as public health, safety and welfare of the community, including the individuals residing within unlawful camping sites.”
He said the ordinance was crafted in conjunction with the city attorney’s office. Staff also received input from multiple city departments, including community development, building, public works, police and fire.
“We believe it (the ordinance) addresses most of the areas that could cause concerns in our community,” said Henderson. “We do not currently have an unlawful camping ordinance. With the recent ruling we felt the timing was appropriate to bring this to the council for consideration.”
The ordinance takes effect 30 days after its passage.
Violation of the ordinance is a misdemeanor, with penalties including a $500 fine and/or up to six months in jail. Like the county and Fresno ordinances, as an alternative to jail, a court may sentence the violator to a rehabilitation program or treatment plan.
Councilmember Laura North, District 2, said, “I think this is typical of what cities are doing across the state. It gives us a little more leeway.”
Mayor Brandon Pursell, Jr. agreed.
“I think this allows our police officers a little more coverage when they go out and are enforcing these kinds of camping ordinances,” said Pursell.
