Johnson v. City of Grants Pass Here
Oct 09, 2024 12:05PM ● By Angela Underwood
The Yuba City Police Department Homelessness Liaison Officer Troy Koski details to officials the implications of the recent Johnson versus City of Grants Pass ruling. Photo courtesy of the Territorial Dispatch
YUBA CITY, CA (MPG) - Camping and camping on public property are two entirely different things here.
Since the June historic homelessness Johnson versus City of Grants Pass Decision, the Yuba City Police Department wants the public to know the difference.
Police Chief Brian Baker took the microphone at the Sept. 17 meeting to detail how the June verdict and the Martin versus Boise opinion, overturned by the U.S. Supreme Court in 2023, also affect the department.
Neither is a “magic pill or bullet,” according to Baker, who had city attorney Shannon Chaffin on hand, just in case he was “getting out of bounds or needs to clarify any legal issues he is far more qualified to speak to than I.”
“The city of Grants Pass in Oregon established an ordinance that basically said you cannot sleep on sidewalks or alleyways, camp on public property or camp or overnight park in city parks,” Baker said, adding Yuba City’s ordinance on public and private property is similar.
Media and television have convoluted the truth, according to the police chief.
“The case was overturned; however, it was sent back to the Ninth Circuit for further proceedings,” Baker said, adding members of the public have questions. “I have had people come up to me and say the Supreme Court said you can enforce homelessness and being homeless is illegal…well, no, it's not.”
Councilman Marc Boomgaarden said public members have also questioned him on why officials should be taking more action.
“Unless there is an immediate threat to health and safety, whatever that may, and our officers can determine, we need to give them a 72-hour notification, and then we will come back and abate the property,” Baker said.
Baker said Yuba City is “fortunate” in that there are not “big encampments in the public eye. Unlike the City of Sacramento, where encampments are situated around the courthouse, here “are folks camp down in the river bottom area.”
However, being out of sight is not being out of mind regarding health hazards. Baker said Homeless Liaison Officer Troy Koski helps control encampments from permanency.
“They give pretty good compliance,” Baker said of Koski's 72-hour notice to vacate. “They will even help people get some of their stuff moved and get them to a better place.”
The chief said the only thing that remains in the vacant area after a few days is rubbish.
“We load it and dispose of it,” Chief Baker said.
After Baker said Governor Gavin Newsom's recent comments withholding funds for regions that do not clean up the encampments, he brought up Koski to address the subject.
Koski said “the governor came out with some strong language” on moving camps and withholding money from cities who don't” but it is not yet fact.
At this point, cities have been informed they must begin to plan for the future.
“It is not an order to just go and start moving camps out,” Koski said, adding that Yuba City already has successful abatement programs.
Councilman Michael Pasquale shared living next to an abandoned church frequented by transient residents.
“They don't like eyes on them,” Pasquale said of his personal experience confronting homeless persons.
Pasquale suggested more vigilant neighborhood watch programs might help break up encampments.
“That is my two cents,” Pasquale said.