Governor Newsom says state agencies must plan to humanely remove homeless camps

Updated 5:27 p.m.

California Governor Gavin Newsom issued an executive order on Thursday requiring state agencies to adopt policies to humanely remove homeless encampments on their property. 

The order encourages local governments to do the same and comes one month after a Supreme Court ruling allowed cities and counties to enforce bans on sleeping outside in public spaces.

Supreme Court gives cities in California and beyond more power to crack down on homeless camps

The ruling was one of the most consequential homelessness decisions by the high court in decades. It was handed down as municipalities across the country have wrestled with the complicated issue of how to deal with a rising number of people without a permanent place to live and frustration over related health and safety issues.

Newsom’s order is aimed at the thousands of tents and makeshift shelters across the state that line freeways, clutter shopping center parking lots and fill city parks. The order makes clear that the decision to remove the encampments remains in local hands.

The governor’s administration wrote in support of cities' argument that previous rulings, including one that barred San Francisco from clearing encampments until more shelter beds were available, have prevented the state from solving a critical problem.

"There are simply no more excuses. It’s time for everyone to do their part,” Newsom said in a statement.

While Newsom cannot order local authorities to act, his administration can apply pressure by withholding money for counties and cities.

Some cities are already enforcing camping bans

Several of California’s big city mayors applauded Newsom’s order, or said they’re already doing what he’s calling for. 

Sacramento Mayor Darrell Steinberg said the governor’s guidance is consistent with his city’s approach. 

“I believe in compassionate enforcement,” added Steinberg, who has advised the governor on homelessness topics. “I don’t believe people should be living in squalor in these large tent encampments, which are not good for their health and safety and not good for the health and safety of our entire community. And yet if all we do is enforce, it’s not going to make the problem better.” 

An encampment in Midtown Sacramento on Tuesday, May 30, 2023.Andrew Nixon / CapRadio

Stockton Mayor Kevin Lincoln called on his city to “move urgently” on the issue. He said such action was necessary to ensure public safety for those living in encampments and the broader community, according to a news release from his office.

San Francisco Mayor London Breed said on social media that support combined with enforcement are taking place on the city’s streets everyday. “We’ve made significant investments in shelter and housing, and consistent daily outreach continues to offer services and support. This proactive approach has led to a five-year low in our street tent count.”

Jason Rhine represents the League of California Cities, which lobbies on behalf of cities. He said clearing encampments safely is important, but so is having the funding necessary to house and shelter people.

“We’re not going to make meaningful progress unless we’re able to connect folks with shelter, with permanent housing,” he said. “And the only way we’ll be able to do that is if we have resources that are available to cities that match the scale of the crisis.”

Unhoused advocates criticize order

People experiencing homelessness and their advocates say the sweeps are cruel and a waste of taxpayer money. They say the answer is more housing, not crackdowns.

“The executive order from Gov. Gavin Newsom, issued this morning, is yet another disappointment from a person in a position of power,” Sacramento Loaves & Fishes, a nonprofit homeless services center, wrote in a statement. “The instruction for localities to sweep encampments arms law enforcement with a much larger shield than ever before, & threatens the lives of our unhoused neighbors. 

Loaves and Fishes welcoming Center in Sacramento, Dec. 1, 2020.Andrew Nixon / CapRadio

Niki Jones, executive director of the Sacramento Regional Coalition to End Homelessness, also said she does not expect the order to decrease homelessness. Instead, she said the coalition worries the order will increase disproportionate enforcement against Black, Brown and Indigenous people living on the streets. 

“This is just going to give more encouragement both to elected leaders, but also particularly to police forces, to use this wide discretion to further criminalize our unhoused neighbors and to put them through what is truly torture of the forced displacement,” Jones said.

Critics question timing of Newsom’s order

California is home to roughly one-third of the nation’s population of homeless people, a problem that has dogged Newsom since he took office. Newsom touted that his administration has spent roughly $24 billion aimed at cleaning up streets and housing people but acknowledged the stubbornness of the issue. Newsom’s administration has also come under fire recently after a state audit found the state didn’t consistently track whether the huge outlay of public money actually improved the situation.

Newsom has worked hard to address the issue. He threw all of his political weight behind a ballot measure earlier this year to allow the state to borrow nearly $6.4 billion to build 4,350 housing units, which passed with a razor-thin margin.

The order comes as Republicans have stepped up their criticisms of California and its homelessness crisis as Vice President Kamala Harris — a former California district attorney, attorney general and senator — launches her presidential campaign. Harris entered the race over the weekend after President Joe Biden announced that he would not seek reelection. Newsom himself has presidential ambitions.

The timing of the executive order is “curious,” said California political analyst Brian Sobel, but he doubts Newsom's move would have much impact on Harris' campaign.

“Harris' problem isn't in California, because California is a done deal,” he said. “Where she needs to do well on issues like this are in swing states.”

Rather, the order is a logical step for Newsom, who called himself the state's “homeless czar” and made homelessness a signature policy issue the last few years, said Wesley Hussey, a political science professor at California State University, Sacramento.

“I don’t think it’s being motivated by the presidential race as much as it’s definitely something that Newsom cared a lot about,” Hussey said. “If you’re going to put it in a political context of the election, this isn’t going to magically fix the problem.”

Newsom's decision has garnered praise from local elected officials and business groups, who said they were left with no options to address homeless encampments before the Supreme Court's ruling. San Francisco Mayor London Breed recently said the city will start an “aggressive” campaign to clear encampments across the city in August. Her office noted that the governor's order does not affect the city's operations.

“I applaud Governor Newsom’s emphasis on urgency," Kathryn Barger, a member of the Los Angeles County Board of Supervisors said in a statement. “He rightfully points out that local government remains at the helm of homeless encampment removals. Cities have an obligation to develop housing and shelter solutions in tandem with support services provided by County government.”

Meanwhile, Republican leaders called Newsom’s order long overdue.

“It’s about damn time! Letting people live and die on the streets or in our parks is unsafe and unsanitary,” Senate Minority Leader Brian Jones of San Diego County, said in a statement. Jones noted the governor’s order is similar to Republican initiatives that were proposed but failed to win approval. The GOP lawmaker added he is “cautiously optimistic that the governor has finally taken not of the urgency of this problem.” 

Under Newsom's direction, state agencies — including state parks and department of transportation — would be required to prioritize clearing encampments that pose safety risks, such as those camping along waterways. 

In a statement, California State Parks said the department “stands ready to support the state’s efforts to address homelessness.”

“We will continue to partner with our state and local agencies to address homeless encampments on state parks’ property and their impacts on natural and cultural resources while remaining compassionate and respectful of Californians experiencing homelessness,” the statement said.

The governor’s order adds that officials  should give advance notice to vacate, connect homeless people to local services and help store their belongings for at least 60 days. Local cities and counties are urged to adopt similar protocols.

The Associated Press contributed to this report.