California Gov. Gavin Newsom said the state will intervene in an ongoing federal court case that’s barred San Francisco from cleaning up homeless encampments until more shelter beds are available, saying the judge has gone too far and is preventing the state from solving a critical problem. “I hope this goes to the Supreme Court,” Newsom said. “And that’s a hell of a statement coming from a progressive Democrat.” The Case will be heard by the Supreme Court next session. In agreement with Newsom on wanting to overturn the judge’s ruling is staunch republican Herman Baertschiger the county commissioner for Grants Pass, Oregon. The original jursidiction for the case.
Herman Baertschiger and the other county commisioners of Josephine county (Grants Pass) declined to declare a state of emergency for the county regarding it’s homeless issue that would have made state funds available to help with the rampant homeless issue that Grants Pass faces.
The encampments at local parks in Grants Pass have become very problematic in recent years.
The original legal complaint was filed in October 2018. Plaintiff Debra Blake, represented by the Oregon Law Center, claimed that “Grants Pass is trying to run homeless people out of town.” Blake has since passed away and two different plaintiffs, Gloria Johnson and John Logan, are now named in Grants Pass v. Johnson, the case being considered by the Supreme Court.
Johnson is involuntarily homeless in Grants Pass; without adequate shelter options, she says she has faced citation for camping in a park and is prohibited from sleeping in her van in the city. She claims the city’s municipal code violated the Eighth Amendment’s Cruel and Unusual Punishments Clause and Excessive Fines Clause.
On May 17, 2023, three days after one homeless man killed another homeless man in Riverside Park, the city council held a public hearing and closed the park to all members of the public for one month. At times, the city has shut off the water in public parks and closed the restrooms, a tactic Josephine County Public Health voiced concern about, saying a lack of access to handwashing stations could have ripple effects in the broader community.
The repercussions from this case could have consequences for how cities can regulate homelessness. The crux of the legal argument is that you cannot punish someone for an involuntary state. Some legal scholars think the most likely outcome with a conservative majority on the bench will be a declaration that homelessness is not an involuntary state.
The normal ideological differences between Baertschiger and Newsom could not be more pronounced. Baertschiger was a staunch supporter of Kevin McCarthy for Speaker of the House.
Baertschiger is not a fan of Biden.
Baertschiger is clear on his stance on EV’s.
Baertschiger clearly is in the anti-climate science camp.
Baertschiger’s views on the LGBTQ community are clearly the opposite of Newsom. But on this issue, it appears that both Newsom and Baertschiger agree that the ability to punish someone for being homeless should be within the powers of the state.
