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Boise & Grants Pass Reversed!  Supreme Court allows homeless anti-camping enforcement

Boise & Grants Pass Reversed! Supreme Court allows homeless anti-camping enforcement

Legal Update: Effective June 28, 2024, the Supreme Court reversed the 9th Circuit in the Grants Pass Case and allows cities to resume public anti-camping enforcement against the homeless. On June 28, 2024, the U.S. Supreme Court issued a pivotal decision in City of Grants Pass v. Johnson impacting the enforcement of anti-camping ordinances against the homeless.  The ruling reverses the 9th Circuit’s decision in Grants Pass as well as its 2018 Martin v. Boise decision on the legality of anti-camping enforcement measures affecting homeless communities. Supreme Court’s Ruling Highlights Nature of punishment.  The 8th Amendment’s Cruel and Unusual Punishments Clause does not apply to anti-camping conduct enforcement, and the punishments imposed for camping violations are neither cruel nor unusual. Criminalization of conduct, not status.  Anti-camping laws criminalize the conduct of public camping, not the status of being homeless. Separation of Powers.  The multi-faceted homelessness issue is better resolved by society and the legislative branches, not autocratically and rigidly one-size-fits-all by the courts. Other Constitutional Clauses.  While the 8th Amendment...

Fremont Case Update—Building Violation Enforcement

Fremont Case Update—Building Violation Enforcement

Building code violation enforcement requires that violators be given the right to appeal.  Most jurisdictions do so through administrative hearings before a Hearing Officer.  However, a recent ruling by the Court of Appeal specified that those hearings must be done in accordance with the California Building Code (“CBC”), invalidating any municipal codes to the contrary.  The CBC requires that the appeal be heard by the Housing Appeals Board, the Local Appeals Board, or the Governing Body (City Council or Board of Supervisors).  An administrative hearing officer, appointed by the City, does not comply. Local agencies are advised to align their municipal codes with state provisions to ensure compliance.  Serviam’s attorneys offer guidance on regulatory compliance and administrative appeals.  Contact Serviam Managing Partner Curtis Wright for assistance. Curtis Wright is an expert in municipal and nuisance abatement law, and he is the Managing Partner of Serviam BY Wright LLP (“Serviam”).  Curtis may be contacted about this update at Wright@Serviam.Law. Disclaimer: Serviam case updates are not legal advice.  Additional facts or future developments may affect the subject of this...

about Serviam by Wright LLP

Located in Irvine, California, Serviam by Wright LLP is a leading law firm specializing in nuisance abatement, code enforcement, receiverships, municipal prosecution, liability defense, municipal services, court receiver, and hearing officer services.  Visit Serviam.Law for further information.