
Governor Gavin Newsom. (Photo by Gage Skidmore)
Under an executive order issued by Gov. Gavin Newsom state agencies would be required to prioritize clearing encampments that pose safety risks in their jurisdictions.
The order would largely apply to freeway encampments and those in state parks.
The order calls on officials to give advance notice to vacate, connect the unhoused to local services and help store their belongings for at least two months.
The order makes it clear that the power to remove encampments is still a local decision.
Newsom cannot force local law enforcement agencies like the Pasadena Police Department to act, local cities and counties are urged to take similar steps.
“We are aware of the recent Executive Order by Governor Newsom and the United States Supreme Court decision which upheld a local, public camping law that restricts encampments on public property in Grants Pass, Oregon,” said Pasadena Public Information Officer Lisa Derderian. “Pasadena has not changed its day-to-day approach to homelessness efforts as a result of either line of these decisions. It’s important to note that any prospective change would be implemented only if the City Council directs a change to local policy after it carefully considers both.”
Derderian said the City continues to reinforce its steadfast commitment to assisting people experiencing homelessness.
“Our goal in Pasadena is to make homelessness rare, brief, and non-recurring,” Derderian said. “Thanks to the support of our City Council and Congresswoman Judy Chu, we have been able to enhance the outreach and services we provide to those experiencing homelessness in Pasadena.”
The order comes on the heels of a Supreme Court ruling lifting restrictions that prohibited municipalities from certain enforcement measures aimed at curtailing public encampments. Advocates argue the ruling provides necessary tools to maintain civic order and safeguard commercial and residential areas, while critics contend it criminalizes homelessness and could exacerbate social inequities.
In the majority opinion, Justice Neil Gorsuch said that state and local leaders, not federal judges, should make policy on homelessness.
The City Council is scheduled to discuss the matter at a future meeting.
“Most elected officials would agree that governments need to be able to place reasonable time, place, and manner restrictions on outdoor camping,” said Councilmember Jason Lyon. “The state needs to be able to clear encampments—particularly those that are unsafe for the residents or the public—but when they do, they also have a responsibility to create safe alternatives.”
“Without that, I agree with the Ninth Circuit Court of Appeals and the dissenting opinion of the U.S. Supreme Court, that subjecting human beings to criminal sanction for meeting a basic biological need amounts to cruel and unusual punishment.”
Lyon said as drafted, Governor Newsom’s Executive Order is a reasonable attempt to strike a balance between public safety and compassionate care for our most vulnerable neighbors.
“In implementing the Governor’s order, I urge the state to adopt the ‘humane and dignified policies’ he calls for,” Lyon said.
That Supreme Court decision briefly came up during Wednesday’s joint City Council meeting with Supervisor Kathryn Barger.
During the meeting Steve Madison responded to public commenters speaking against the decision.
“I yield to no one in my frustration with some of the members of that Supreme Court, but I think in this case they got it right in the sense that cities should have the authority — and counties I would include, obviously — should have the discretion and authority to provide and address this problem in a way that doesn’t impact the commercial vitality and the quality of life of other residents,” Madison said.
Madison spoke about a restaurant in his District that was forced to close after a homeless person decided to live in the entryway to the restaurant.
“That killed that business, the fact that that person could not be persuaded to be anywhere but on that business,” Madison said. “So now we’ve got less resources as a community, fewer jobs, a smaller economy with which to provide the needed help. It’s complicated.”
Barger praised Governor Newsom on Thursday.
“I applaud Governor Newsom’s emphasis on urgency. He rightfully points out that local government remains at the helm of homeless encampment removals,” Barger said in a prepared statement. “Cities have an obligation to develop housing and shelter solutions in tandem with support services provided by County government. This formula, which is largely based on partnerships, is how we can deliver permanent results. No single entity can achieve that.”
In the most recent Pasadena homeless count 556 unhoused people were counted. The count also revealed notable shifts among those who are unhoused. Chronic homelessness and veteran homelessness have decreased, while first-time homelessness and the number of domestic violence survivors have increased.
“Our goal in Pasadena is to make homelessness rare, brief, and non-recurring,” said City Manager Miguel Márquez in a statement earlier this month.