Lawsuit over San Francisco homeless sweeps paused

SAN FRANCISCO (KRON) – A lawsuit over homeless sweeps in San Francisco has been put on hold. A federal judge made the decision on Friday while the Supreme Court reviews a similar case out of Oregon.

The case under review by the Supreme Court is called “Grants Pass V. Johnson,” in which the Ninth Court of Appeals has ruled people are allowed to live outside if there is no shelter space available for them.

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In the lawsuit against San Francisco, the Coalition on Homelessness says the city has been destroying encampments without providing housing — which the city disputes. But the lawsuit is now on hold because if the Supreme Court changes Grants Pass, San Francisco’s case could get thrown out altogether.

“We asked the judge to pause the lawsuit so that we are not wasting significant pubic resources continuing to litigate this case when it’s very possible that the decision could come down to change the legal landscape,” said San Francisco city attorney David Chiu.

Chiu says a decision by the high court on Grants Pass V. Johnson would affect the basis of the lawsuit brought forth by the Coalition on Homelessness. The organization filed the suit against the city in 2022 after accusing officials of violating the law by removing homeless encampments without providing alternate housing.

San Francisco is currently under a preliminary injunction preventing officials from removing street encampments unless the city gives those people a place to live. Chiu says the injunction and the Grants Pass case have made it difficult for cities to address conditions on the streets.

“The recent rulings have put our city really in an impossible situation of balancing our compassionate approach with providing services and shelter to homeless individuals but also ensuring that our streets are safe and accessible,” he said.

An attorney for the Coalition on Homelessness tells KRON4 they’ll be ready to continue with the lawsuit even after the Supreme Court’s ruling. They shared in part:

“We will be prepared this summer to continue our litigation and ensure that the city does not waste more tax dollars on dehumanizing unhoused people with costly and ineffective practices that will make it harder for people to exit homelessness.”

The Supreme Court’s review of Grants Pass comes after Gov. Gavin Newsom and the city attorney urged the lawsuit be looked at. A decision from the Supreme Court is expected in June.

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