National City officials will reconsider a local encampment ban later this month, citing a recent Supreme Court ruling on homelessness and growing pressure from California Governor Gavin Newsom.
The proposed ban was introduced for an initial public hearing Tuesday night. It would make it illegal for people to camp on city property like sidewalks and parks, close to schools, along waterways and on public transit hubs.
In recent years, National City has taken a gentler approach than some cities to homelessness, focusing less on criminalization and more on outreach and housing programs.
Back in April, the city council rejected a similar encampment ban over worries that it might face legal challenges. Federal courts had previously ruled that local laws against camping or sleeping in public could violate the constitutional rights of homeless residents if a city didn’t have anywhere else for them to go.
But this summer, the Supreme Court overturned those past rulings. The justices gave West Coast cities broad power to fine or arrest people for sleeping in public, opening the door for cities to crack down on homelessness regardless of whether they offer shelter or not.
Newsom has also taken a forceful stance in the months since that decision. In July, he ordered state agencies like the California State Parks system and the Department of Fish and Wildlife to push homeless encampments off of public lands.
On Tuesday, National City officials said those changes led them to reevaluate a local encampment ban.
“The state has spoken,” said Mayor Ron Morrison. “The Supreme Court has spoken. It’s time for us to avail ourselves of that before we get to be the brunt of everything here in this region.”
Researchers studying homelessness and unhoused people and their advocates have largely condemned encampment bans.
Many argue these tactics are intensely traumatic for people living on the street and do little to address the root factors forcing people into homelessness, which include spiraling wealth inequality and the shortage of affordable homes.
National City officials have discussed some of those criticisms in the past. But on Tuesday, they said they were also worried about losing state funding if they did not ban encampments.
Newsom has threatened to cut funding for some counties if they don’t do enough to force people off the streets.
Still, Councilmember Luz Molina said the city should also continue its outreach efforts and other housing programs.
“I want to make it clear that I do expect to see this tool narrowly applied,” Molina said. “Let's not forget the compassionate approach that we have to date.”
The City Council voted unanimously to move the proposal forward for a final decision. That vote is scheduled to take place later this month.
