Bakersfield leader responds to Supreme Court decision regarding homeless encampments

BAKERSFIELD, Calif. (KGET) — The U.S. Supreme Court recently upheld a ban on homeless encampments.

Vice Mayor Andrae Gonzales and Bakersfield Ward 2 Councilmember said, “This ruling does not add additional emergency shelter beds and does not add any additional jail beds. This ruling does not provide any mental health beds.”

Gonzales said Bakersfield has had a rapid response team for years that specializes in breaking up encampments.

“The plan is what the plan has been,” said Gonzales. “That they continue to go out, cite the property and clean up the site.”

Friday morning an encampment off Golden State Avenue and Q Street was cleared away.

Homeless resident Adrianna Magpali was forced to move.

“They came and announced something on the microphone,” said Magpali. “Told us we had to get up and move out of the spot, or we’re going to get arrested. They haven’t come back since.”

Magpali said she has been homeless for nine years after her mom kicked her out and her dad died.

“I’ve been in and off the streets, in and off the streets,” said Magpali. “I love the streets. For me it’s home.”

Magpali said the new Supreme Court ruling doesn’t make sense because she’s been battling for sleep on the streets for years. “It’s already illegal because we get cops, highway patrol steady arresting us no matter what we do. Even if we move to the spot they told us to move to we still get arrested,” said Magpali.

Vice Mayor Gonzales compares the problem to a game like whack a mole. When an encampment is broken up, it just pops back up somewhere else. He said it’s the lack of jail space that’s needed for the small group of resistant individuals.

“82% of the individuals who were arrested last month in downtown were out within 15 hours,” said Gonzales. “So, you could ask the question, ‘Should we arrest people who are in an encampment?’ My response to you is, ‘What difference would it make if they’re out on the street once again.”

There are more homeless than ever in Bakersfield in 2024, according to the Kern County Point in Time Count. Gonzales said if solving the crisis was easy, it would’ve already been solved.

“We’re going to continue to work on it and we’re going to continue to look for solutions for every single person who’s on the street,” said Gonzales.

Magpali said she received a voucher to stay in a studio apartment or a motel room. “At the end of the day I’m cool with just a box,” said Magpali.

Here is the city of Bakersfield’s code addressing the issue:

The Bakersfield Municipal Code addresses Sleeping in public places in Section 9.70.010. Also relevant are sections 12.56.050, 12.56.055 and 12.20.020.

The city of Bakersfield reached out to 17 News with the following statement:

Statement

Today, the United States Supreme Court handed down an opinion in the matter of City of Grants Pass v. Johnson. In response, the City of Bakersfield has issued the following statement:

The Supreme Court’s opinion affirms local control in addressing homelessness. Over the past five years, the City has significantly increased our capacity to enforce our laws and protect our public spaces. However, more must be done. Cities cannot do this alone. Our community must strengthen our local system of accountability to address quality-of-life crimes in a substantive way on behalf of our residents and businesses. To make meaningful progress we need additional beds, housing and services from agencies responsible for behavioral health and criminal justice.

Our state and nation face a housing, mental health, and substance use crisis. As the crisis escalated, the City of Bakersfield moved quickly by funding construction of two new homeless shelters and expansions to the community’s two existing shelters. The City made significant contributions to the development of street outreach and affordable housing, joined fellow California big cities in advocating for new laws in Sacramento to get people care, and engaged in high level conversations with the U.S. State Department about our nation’s fentanyl crisis. Despite our best efforts, the number of newly homeless individuals each year continues to overwhelm cities. We remain undeterred and commit to continue relentlessly pursuing innovative solutions and services.

In their opinion today, the Supreme Court wrote, “Homelessness is complex. Its causes are many. So may be the public policy responses required to address it.” They continued “… the American people are still at it. Through their voluntary associations and charities, their elected representatives and appointed officials, their police officers and mental health professionals, they display that same energy and skill today in their efforts to address the complexities of the homelessness challenge facing the most vulnerable among us.”

The City of Bakersfield thanks the many public safety officials, city teams, and service providers that that have worked collaboratively to address what has become the number one challenge of our time. We will continue to work hard to ensure that public spaces are available for all to enjoy.

The City is currently reviewing the full opinion to develop a more comprehensive response.

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