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Federal court order on SF homeless sweeps remains

Lynn Friedman
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Flickr / Creative Commons

The short 93-word order resolves, at least for the time being, the city's motion to modify the lower court injunction while the city pursues its appeal of that ruling. The appeals court said its decision was "without prejudice," meaning the city can renew the motion at a later date if circumstances warrant.

While both sides characterized the ruling as helpful to their positions, the order appears to kick the most contentious issues down the road for later resolution.

The case arises from a lawsuit filed against the city in September 2022 by the Coalition on Homelessness, an advocacy group, and a number of individuals, including several who have experienced homelessness.

On Dec. 23, 2022, Chief Magistrate Judge Donna Ryu of the U.S. District Court entered a preliminary injunction against the city that barred enforcement of the city's so-called "sit/lie/sleep" or "anti-camping" ordinances while there was a shortage of shelter beds. The ruling was "preliminary" because it preceded the full-scale trial that isn't expected until 2024.

The court's rationale was that if a person who was experiencing homelessness had no alternative place to sleep, enforcement of the anti-camping laws would violate the Eighth Amendment's prohibition on "cruel and unusual" punishment.

Sunni M. Khalid is a veteran of more than 40 years in journalism, having worked in print, radio, television, and web journalism.