NLIHC joined the National Homelessness Law Center, National Coalition for the Homeless, and National Alliance to End Homelessness (NAEH) in submitting an amicus brief to the U.S. Court of Appeals for the Ninth Circuit in opposition to encampment raids harming unhoused people in San Francisco.
In the amicus brief, the organizations urge the court to uphold a preliminary injunction issued by a lower court to temporarily stop the City and County of San Francisco and its police departments from enforcing or threatening to enforce local anticamping laws against people experiencing unsheltered homelessness. The lawsuit was originally filed by seven people experiencing homelessness and the Coalition on Homelessness, who argued that the city’s encampment raids violate the rights established in Martin v. City of Boise to protect unhoused people when there is nowhere else for them to go.
The goal of the suit is to force San Francisco to use the funding it would have used to conduct encampment raids to instead invest in proven solutions to homelessness, starting with access to affordable housing.
NLIHC and its national partners argue that the lower court order should remain in place because homelessness is caused by a systemic lack of affordable housing and is not voluntary. The brief cites NLIHC’s annual Out of Reach report, which shows that the cost of housing far exceeds what many seniors, people with disabilities, and low-wage workers can afford. Moreover, the brief argues that San Francisco did not introduce any evidence that the City adheres to the requirements of Martin v. City of Boise, which requires a jurisdiction to offer shelter to unhoused people before enforcing anti-camping bans. NLIHC and others argue that punishing and criminalizing homelessness serves no legitimate policy goal and wastes limited public resources.
As unsheltered homelessness increases in many communities, a growing number of elected officials have turned away from evidence-based practices proven to end homelessness. More communities have enacted and started to enforce anti-camping bans, which are counterproductive to efforts to end homelessness. In fact, raiding encampments prolongs homelessness, causing disruptions to case management and undermining the trust needed to effectively engage people experiencing homelessness. The most effective approach to ending homelessness, known as Housing First, is backed by decades of research. Under a Housing First model, people experiencing homelessness are provided immediate access to safe, decent, and affordable housing, paired with voluntary support services, including access to substance use treatment and counseling, mental health counseling, employment services, and others.
NLIHC, NAEH, and the Center on Budget and Policy Priorities have launched a monthly webinar series on Homelessness and Housing First, with over 10,000 people registering for the series. Advocates can register here.
NLIHC will provide further updates as the lawsuit unfolds.
Read the amicus brief at: https://bit.ly/41upbha
Register for the monthly webinar series on Homelessness and Housing First at: https://tinyurl.com/23san9we
See the evidence in support of Housing First at: https://tinyurl.com/yc3wahck
Learn more about best practices for responding to unsheltered homelessness at: https://tinyurl.com/3kdshzsb