Impact of 2024 Grants Pass Decision
on Unlawful Camping Ordinance
& Overview of City Programs
Serving the Unhoused
August 27, 2024
Martin v. City of Boise
(9th Circuit Court of Appeals, 2018)
• Punishing the unhoused for sleeping in
public when they have no alternatives
effectively criminalizes homelessness
and is a violation of “Cruel and Unusual
Punishments”
Eighth Amendment of the US Constitution
"Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted."
This Photo by Unknown Author is licensed under CC BY-SA-NC 2
Impact of Martin
• Municipalities may not enforce
ordinances that:
– Impose criminal sanctions for sleeping,
sitting, or lying on all public property in a
jurisdiction
– When no alternative sleeping space is
“practically available”
This Photo by Unknown Author is licensed under CC BY-SA-NC 3 Impact of Martin
• Martin precluded enforcement of GMC §9.28.030
• Affected enforcement of unlawful camping
ordinances throughout the nine western states
governed by 9th Circuit
Glendale Municipal Code section 9.28.030
“[U]nlawful for any person to camp or use camp paraphernalia in or on any public park, street, sidewalk, or other public property.”
GMC § 9.28.020
“Camp” means “residing in or using . . . public property for nighttime living accommodation purposes such as sleeping activities; making preparations to sleep overnight . . . .” This Photo by Unknown Author is licensed under CC BY-SA 4 Johnson v. City of Grants Pass
(9th Cir. 2023)
Johnson reaffirmed Martin, while adding
that municipalities could not:
• Impose civil citations for sitting, sleeping,
or lying on public property, which, if
repeated, becomes a criminal offense
• Prohibit the use of “articles necessary to
facilitate sleep” on public property
This Photo by Unknown Author is licensed under CC BY-NC-ND 5 • The Supreme Court overturned Johnson v.
City of Grants Pass and Martin v. City of
Boise
• The enforcement of generally applicable
laws regulating camping on public
property does not violate the Eighth
Amendment
• GMC §9.28.030 is enforceable
Grants Pass
(U.S. Supreme Court, 2024)
This Photo by Unknown Author is licensed under CC BY-SA 6 • Grants Pass does not alter constitutional and
statutory requirements for confiscation and
noticing:
– Under the Fourth Amendment and California law,
personal property with objective value removed
from public places must be held for at least 60
days for safekeeping
– Under the Fourteenth Amendment, advance
notice must be provided before personal
property is removed from public places, except in
the event of an imminent threat to public health
or safety
Grants Pass
(U.S. Supreme Court, 2024)
This Photo by Unknown Author is licensed under CC BY-SA 7 On July 25, 2024, Governor Newsom directed:
• State authorities to develop policies for
removal of encampments from State property
The Governor also “encouraged”:
• Local authorities to develop consistent policies
• Interagency Council on Homelessness to
provide local authorities guidance and
technical assistance on the implementation of
local homelessness programs
Executive Order N-1-24
This Photo by Unknown Author is licensed under CC BY-SA 8 • Review ordinance limitations:
– Currently applies only to use of public
property for “nighttime” living
accommodations or making preparations
to sleep overnight
– Consider clarifications/expansion
for daytime camping?
– Other changes
Unlawful Camping Ordinance
9 Glendale Continuum of Care
1. Access
Easily accessible path to services, well advertised.
2. Assessment
Common assessment process to determine which
services meet client needs.
3. Assign
Referrals will be based on real-time knowledge of
program inventory and capacity.
4. Accountability
Oversight and monitoring of the programs and
system outcomes.
Oversight:
Glendale
CES- Individual:
Ascencia
CES-Family:
Home Again Los Angeles & LA
Family Housing
CES-DV:
YWCA of Glendale & Pasadena
Single
Point
of
Entry
10 Service Planning Area
SPA 2 borders with SPA 4
Glendale is part of the territory
with the nation’s largest numbers
of persons experiencing
homelessness (NY & LAC)
SPA 4
Metro LA
LA City and LA County trends
and policies directly impact
Glendale CoC
11 Outreach Services
12 CoC Funded Programs/Services
Local Measure S/
Annual Local
Continuum of Care Program/
Annual Federal
Emergency Solutions Grant/
Annual Federal
- Landlord Incentives
- Hotel Program
- CES Outreach Coordinator
- Family Reunification
- Tenant Move-in Assistance
- Glendale Coordinated Entry System for
Individuals
- Rental Assistance Program
- Permanent Supportive Housing Programs
- CoC Planning
- HMIS
- Shelter Services / Essential Services
- Rapid Re-housing
- Homeless Prevention
Measure H - Ending 2027
County
HHAP - Round 4 of 6
State
HHIP – One-Time
State
- Homeless Prevention Services
- Rapid Rehousing
- Outreach Services
- Rental Assistance & Rapid Re-housing
- Youth Hotel Vouchers
- Prevention and Shelter Diversion
- Outreach Coordination
- Operating Subsidies
- Intensive Case Management services
contracted through Managed Care Plans
(MCPs)
13 CoC Current Housing Inventory
This Photo by Unknown Author is licensed under CC BY-NC 14 CoC Current Housing Inventory
15 CoC System Flow
75,518 persons are experiencing
homelessness (2024) in LA County
and 45,252 in LA City,
of which 67% were unsheltered.
16 Leavers
glendaleca.gov/homeless-services
Arsine Isayan
Homeless Programs Manager
[email protected]
Homeless Services
#MyGlendale
17