The ordinance banning homeless encampments in public places when shelter beds are available could be tested in court.
“There needs to be a test established as to when a specific public safety concern is so strong that it outweighs the constitutional right to be able to sleep on the street if there's no available shelter,” said retired Superior Court Judge Laura Halgren who was interviewed by reporting partner 10News.
The ordinance passed by the San Diego City Council on a 5-4 vote bans encampments near transit hubs and schools at all times. It would apply even when no shelter beds are available in San Diego.
Halgren said she could see the ordinance challenged in court in two ways. “Someone could get arrested under this ban and then as a defense in court claim a necessity defense that they had no alternative. Alternatively, a group might decide to bring a challenge up front and perhaps seek an injunction or claim a civil rights violation.”
San Diego Mayor Todd Gloria said the ordinance is necessary and balances the rights of the homeless with the city’s obligation to protect public health and safety.
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(Photo reporting partner 10News)