Amicus Curiae Brief — City of Grants Pass, Oregon, Petitioner v. Gloria Johnson, et al., on Behalf of Themselves and All Others Similarly Situated

No. 23-175

In the

Supreme Court of the United States

_____________________________________________________________

CITY OF GRANTS PASS, OREGON,

Petitioner,

V.

GLORIA JOHNSON AND JOHN LOGAN, ON BEHALF OF

THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,

Respondents.

____________________________________________________________

On Writ of Certiorari

To the United States Court of Appeals

For the Ninth Circuit

____________________________________________________________

BRIEF FOR THE CHAMBER OF COMMERCE

OF THE UNITED STATES OF AMERICA,

ARIZONA CHAMBER OF COMMERCE AND

INDUSTRY, CALIFORNIA CHAMBER OF

COMMERCE, MONTANA CHAMBER OF

COMMERCE, AND OREGON BUSINESS AND

INDUSTRY AS AMICI CURIAE IN SUPPORT

OF REVERSAL

ROBERT E. DUNN

Counsel of Record

EIMER STAHL LLP

1999 S. Bascom Ave.

Suite 1025

Campbell, CA 95008

(408) 889-1690

rdunn@eimerstahl.com

Counsel for Amici Curiae

TARA S. MORRISSEY

JORDAN L. VON BOKERN

U.S. CHAMBER

LITIGATION CENTER

1615 H Street, NW

Washington, DC 20062

Counsel

for

Amicus

Curiae Chamber of

Commerce of the

United States of America

TABLE OF CONTENTS

STATEMENT OF INTEREST ................... 1

INTRODUCTION AND SUMMARY ......... 3

ARGUMENT ............................................... 5

I. The homelessness crisis acutely

impacts local businesses ................... 5

A. Businesses in the Ninth Circuit

are committed to providing

solutions, but cannot do it alone.

....................................................... 5

B. Local businesses struggle to

attract customers and employees

in affected areas. .......................... 9

C. Violence, theft, drug use, and

other crimes adversely affect

businesses. .................................. 13

D. The cumulative effects of the

homelessness crisis are forcing

businesses to close or move. ...... 18

II. Local governments need leeway to

apply sensible policies to serve their

communities .................................... 21

CONCLUSION .......................................... 25

-i-

TABLE OF AUTHORITIES

Cases

Johnson v. City of Grants Pass,

72 F.4th 868 (9th Cir. 2023) ............. 3, 4, 22

Martin v. City of Boise,

920 F.3d 584 (9th Cir. 2019)....... 3, 4, 18, 24

Other Authorities

Alex Hammer,

Gump’s San Francisco could close

after 166 years due to dwindling foot

traffic and homeless people harassing

shoppers, Daily Mail (Aug. 16, 2023),

http://tinyurl.com/3cjmf457 ...................... 12

Alex Hammer,

It’s a hollowed out shell, Daily Mail

(Mar. 2, 2023),

http://tinyurl.com/mz96ywst .................... 19

Alex Zielinski,

Portland approves ban on daytime

street camping and imposes other

restrictions, Oregon Public Broadcasting

(June 8, 2023),

http://tinyurl.com/2cjczmwu ..................... 24

April Rubin,

Homelessness in the U.S. jumped to record

level in 2023, government says, Axios

(Dec. 15, 2023)

http://tinyurl.com/s4zkv48n ....................... 5

- ii -

Ashley Sharp,

Neighbors say out-of-control drug use

at Sacramento park’s homeless

encampments is dangerous, frightening,

CBS Sacramento (July 17, 2023),

http://tinyurl.com/bdzdmvtv ..................... 16

Barney Lerten,

Redmond police, CERT raid homeless

camp on BLM land east of city, recover

$50K in stolen items; two arrested,

KTVZ NewsChannel 21 (Jan. 30, 2024),

https://tinyurl.com/3b9y6xp7.................... 15

Blake Mayfield,

Horse-boarding business near Juniper

Ridge homeless encampments closes

down due to ongoing issues,

KTVZ NewsChannel 21 (Dec. 18, 2023),

http://tinyurl.com/222pdvhy ..................... 12

Businesses hope customers return as

city clears out Hollywood homeless

encampment, ABC7 (June 6, 2023),

http://tinyurl.com/yvb32d4z ..................... 10

Carlos Granda,

Business owners struggle to deal with

homeless encampments they say bring

crime, hurt bottom line, ABC7

(Mar. 22, 2023),

https://tinyurl.com/ctmetbwv ................... 15

- iii -

Chris Tomas,

Barbershops, salons collecting donations

to ‘heat the streets’ this holiday season,

ABC 10 (Dec. 8, 2023),

http://tinyurl.com/4hnr6y6b ....................... 7

Claire Rush, Janie Har & Michael Casey,

‘We’re not trash, we’re people,’ say unhoused

amid encampment sweeps, Christian

Science Monitor (Nov. 28, 2023),

http://tinyurl.com/43kjwc5e .................... 8, 9

Cory Smith,

Business owners, cities struggling with

homeless crisis, WWMT (May 15, 2023),

http://tinyurl.com/4dt276wj ...................... 18

Daniel Reinhard & Mark C. Stafford,

Can police camping ticket geographies

facilitate homeless outreach? Identifying

harms and people in homeless

encampments, 88 GeoJournal 6247

(Oct. 11, 2023) ........................................... 13

Danielle Echeverria,

Hotel in S.F.’s Tenderloin says it will

remove sprinklers near homeless

encampment hot spot, S.F. Chronicle

(Oct. 6, 2023),

http://tinyurl.com/mr3y7746 ..................... 9

Edgar Cedillo,

‘What do we do?’: Business owners feel

stuck as encampments move closer to

business, 7 KBZK (Aug. 9, 2023),

http://tinyurl.com/5n7z54t5 ...................... 11

- iv -

Eli Saslow,

A Sandwich Shop, a Tent City and

an American Crisis, N.Y. Times

(Mar. 31, 2023),

http://tinyurl.com/23c5ecuy ........................ 7

Esther Bower,

‘Not a safe place’: Police say crime is up

58% near Camp Hope, business owners

overwhelmed with damage, KXLY

(Jan. 13, 2023),

http://tinyurl.com/2283b856 ..................... 23

Gary Warth,

Lost customers, tenants and clients. ‘I

feel very empathetic with the people, but

I have a business to run.’, San Diego

Union-Tribune (July 8, 2023),

http://tinyurl.com/4x68fv96 ...................... 10

Genevieve Wong,

Shop owners across US take action as

homeless camps threaten business, safety,

N.Y. Post (Apr. 24, 2023),

http://tinyurl.com/ytyjzrt7 ........................ 11

German Lopez,

Chaos Up Close, N.Y. Times

(Mar. 19, 2023),

http://tinyurl.com/3f9a84z9 ...................... 12

Gina Silva,

‘We're losing money’: Sherman Oaks

small business owners plagued by

homeless crisis, FOX 11 (Sept. 22, 2022),

http://tinyurl.com/4vp3nd2d ....................... 9

-v-

Greg Kim,

Plan to reduce homelessness in downtown

Seattle picks up after slow start, Seattle

Times (Feb. 28, 2023),

http://tinyurl.com/27euyk7x ...................... 7

Hundreds of Pounds of Human Waste,

Needles Cleaned From Former Homeless

Encampment at Echo Park, KCAL

News (May 6, 2021),

http://tinyurl.com/2prxp7kb ..................... 16

J.R. Stone,

San Francisco now at 35% office

vacancy rate, highest ever recorded:

data, ABC7 (Dec. 1, 2023),

https://tinyurl.com/2s3var6u .................... 19

Jaclyn Schultz,

Commercial Center businesses call for

removal of nearby homeless camp,

FOX5 (Jan. 25, 2024),

http://tinyurl.com/yttcrjtm ....................... 22

Jana Kadah,

San Jose businesses frustrated by

homelessness, San Jose Spotlight

(Jan. 5, 2023),

https://tinyurl.com/y22ufn8z .................... 15

Jeremy Harris,

Small business owners in Lake City say

public drug use, encampments are out of

control, KOKO News (Aug. 30, 2023),

http://tinyurl.com/44t6t5hw ..................... 17

- vi -

Joel Moreno,

Seattle homeless camp returns to north

Green Lake neighborhood, KOMO News

(Oct. 5, 2023),

http://tinyurl.com/3bmxjwxe .................... 23

Jon Michael Raasch,

Homelessness has ‘exploded’ in this

California city, making it the ‘land

of milk and fentanyl,’ activist says,

N.Y. Post (Aug. 14, 2023),

http://tinyurl.com/2s45cw9x ..................... 17

Josh Cohen,

The post-pandemic ups and downs of

Seattle’s Downtown recovery, Crosscut

Cascade PBS (Dec. 19, 2023),

https://tinyurl.com/22jauwt9 .................... 19

Justine Waldman,

SF business owners concerned about

homeless near store, KRON4

(May 31, 2023),

http://tinyurl.com/3s8jwedv ................ 11, 16

Kelsey Thomas,

Downtown business owners say

homeless camps driving customers

away, KSNV (Nov. 7, 2018),

http://tinyurl.com/485mfy93 ..................... 10

- vii -

Kelvin Henry,

Ocean Beach bakery locks door during

business hours after string of theft by

homeless people, NBC 7 San Diego

(Aug. 14, 2023),

http://tinyurl.com/4zz72w3z ..................... 15

Laura Acevedo,

Chula Vista business owners concerned

about homeless encampments nearby,

ABC 10 (Dec. 12, 2023),

http://tinyurl.com/uyzd7ppj .................. 9, 16

Lex Yelverton,

Anchorage business owners speak of impact

of homeless in downtown, Alaska’s News

Source (June 12, 2023),

http://tinyurl.com/4atv3u3b...................... 14

Man charged in fatal stabbing of woman

at Hancock Park store can’t act as

own attorney, judge rules, ABC7

(June 9, 2023),

http://tinyurl.com/57v3e3s5 ...................... 14

Maryann Jones & Shelley D. Fargo,

Nearly half of Union Square’s stores have

closed since 2019, S.F. Standard

(May 18, 2023),

https://tinyurl.com/2p9s8fxx ................ 18-19

- viii -

Matthew Kupfer,

From tech haven to has-been: San

Francisco’s once-thriving SoMa

neighborhood struggles to find footing,

S.F. Standard (July 3, 2023),

http://tinyurl.com/4exbmvpc............... 17, 23

Nat’l All. to End Homelessness,

Not One More: Honoring Those Who

Died Homeless (Dec. 20, 2021),

http://tinyurl.com/2thxa6pz ........................ 5

Nicole Hayden,

How Southern California businesses are

helping to address homelessness in creative,

innovative ways, Palm Springs Desert

Sun (Aug. 30, 2019),

http://tinyurl.com/22dzhycn ....................... 6

Office of Gov. Gavin Newsom,

Governor Newsom Announces $1 Billion

in Homelessness Funding, Launches

State’s Largest Mobilization of Small

Homes (Mar. 16, 2023),

http://tinyurl.com/bdfuwurv ..................... 21

Office of Gov. Gavin Newsom,

Governor Newsom Statement on U.S.

Supreme Court Agreeing to Hear Case

on Homelessness (Jan. 12, 2024),

https://tinyurl.com/42mrrrsy .................... 21

- ix -

Phil Shuman,

Homeless encampments in Beverly

Grove impacting business for some,

FOX 11 (Apr. 13, 2023),

http://tinyurl.com/3vjrxaet ....................... 10

Quinn Wilson,

SF Mayor Asks Justices To Review

Homelessness Case, Law360 (Oct. 3, 2023),

http://tinyurl.com/ytuynj9y ...................... 22

Ray Huard,

SPECIAL REPORT: Commercial

Real Estate, S.D. Business Journal

(Apr. 20, 2023),

https://tinyurl.com/4m67zzje .................... 19

Roxanne Elias,

Dollar Thrift owners attacked by

two homeless people in Sacramento

(Oct. 30, 2023),

http://tinyurl.com/mwuhp6yw .................. 14

Ryan Curry,

Oakland small businesses open doors to

feed those in need on Christmas Day,

ABC7 (Dec. 25, 2023),

http://tinyurl.com/5auy4mwz ..................... 7

Scott Snowden,

Anger from business owners over

homelessness inaction dominates

Downtown meeting, Santa Monica

Daily Press (Aug. 23, 2023)

http://tinyurl.com/23xmpam9 ............. 22, 23

-x-

Sean Captain,

This tech CEO is offering a $1 million

donation to inspire tech companies to

help fight homelessness, Fast Company

(Nov. 12, 2018),

https://tinyurl.com/3r87u754 ...................... 7

Sophie Flay,

Will the homeless crisis drive a legendary

Hollywood recording studio out of

business?, ABC7 (Feb. 13, 2024),

https://tinyurl.com/mry5neaz ................... 16

Stephen Hawkins,

9-year-old boy and woman stabbed by

homeless man in Los Angeles, FOX26

(Nov. 16, 2022),

https://tinyurl.com/5295yjy6..................... 14

Tammy Mutasa,

Growing crime rate at Seattle’s homeless

camps prompts anxiety, demands for

solutions, KOMO News (May 20, 2022),

http://tinyurl.com/36x52u65 ..................... 13

Taylor Telford,

A tech billionaire donated $30 million to try

to solve San Francisco’s homelessness

problem, Wash. Post (May 2, 2019),

http://tinyurl.com/3kmubnfs....................... 8

- xi -

Thalia Beaty, Jeff Bezos’s fund has now given

almost $640 million to help homeless

families, Associated Press (Nov. 21, 2023),

http://tinyurl.com/439f3yt4......................... 8

Theresa Walker,

Thousands of pounds of human waste,

close to 14,000 hypodermic needles

cleaned out from Santa Ana River

homeless encampments, Orange County

Register (March 8, 2018),

http://tinyurl.com/evphv698 ..................... 16

U.S. Dep’t of Hous. and Urban Dev.,

The 2023 Annual Homelessness Assessment

Report (AHAR) to Congress (Dec. 2023)

(“HUD 2023 Homelessness Report”),

http://tinyurl.com/5cubmzev ................... 5, 6

U.S. Dep’t of Hous. and Urban Dev.,

Unsheltered Homelessness and Homeless

Encampments in 2019,

http://tinyurl.com/265ku5sj ........................ 8

Vanessa Perez,

Barbershop relocating out of downtown

Spokane due to homeless, crime,

KXLY (Mar. 3, 2023),

http://tinyurl.com/26b569et ...................... 12

- xii -

STATEMENT OF INTEREST 1

The Chamber of Commerce of the United States of

America (the “Chamber”) is the world’s largest

business federation. It represents approximately

300,000 direct members and indirectly represents the

interests of more than three million companies and

professional organizations of every size, in every

industry sector, and from every region of the country.

An important function of the Chamber is to represent

the interests of its members in matters before

Congress, the Executive Branch, and the courts. To

that end, the Chamber regularly files amicus curiae

briefs in cases, like this one, that raise issues of

concern to the nation’s business community.

The Arizona Chamber of Commerce and Industry

(“Arizona Chamber”) is committed to ensuring

economic growth and prosperity for all Arizonans. It

advocates for free-market policies and works to

advance Arizona as a leading player in the global

economy. It further serves as the collective voice for

Arizona businesses at the state legislature and on

important economic issues, such as this matter,

before the courts. The Arizona Chamber represents

the interests of commerce and industry in an effort to

further grow the state economy.

California Chamber of Commerce (“CalChamber”)

is the largest broad-based business advocate to

government in California. CalChamber represents

more than 13,000 members that employ one quarter

1 Pursuant to Supreme Court Rule 37.6, amici curiae state

that no counsel for any party authored this brief in whole or in

part and that no entity or person, aside from amici curiae, their

members, or their counsel, made any monetary contribution

intended to fund the preparation or submission of this brief.

-1-

of the private sector workforce in California.

CalChamber works at both the state and federal

levels to advocate for its members. Like the U.S.

Chamber, CalChamber regularly participates in cases

that raise issues of vital concern to California’s

business community.

Established in 1931, the Montana Chamber of

Commerce’s mission is to advocate on behalf of

Montana businesses and be the driving force in

promoting a favorable business climate in the State of

Montana. The Montana Chamber of Commerce

represents more than 2,000 businesses large and

small across the State. The Montana Chamber serves

business members by working to create and to sustain

an optimal business climate, business prosperity, and

a strong Montana economy. Through advocacy,

education, and collaboration, the Montana Chamber

works to provide an empowered and educated

workforce, reduce business growth obstacles, and

advance positions that promote success for Montana

businesses.

Oregon Business & Industry (OBI) is a non-profit

mutual benefit corporation with members organized

under the laws of the state of Oregon. OBI has

approximately 1,600 members and, as a general

business association, is recognized as the state

chamber of commerce, OBI’s members come from a

variety of industries and all parts of the state

geographically. OBI is the state affiliate of both the

National Association of Manufacturers and the

National Retail Federation. OBI exists to strengthen

Oregon’s economy to achieve a healthy, prosperous,

and competitive Oregon for the benefit of present and

future generations.

Amici and their members have a strong interest in

-2-

ensuring that local governments have the tools and

discretion necessary to address public health and

safety concerns associated with the homelessness

crisis. Countless businesses across the country

provide needed services to assist the homeless. But

businesses cannot shoulder the burdens of the

homelessness crisis by themselves; this complex

challenge requires a multifaceted approach. State and

local governments play a critical role in developing

and implementing solutions, and they must have the

discretion to enforce public health measures and

ensure public safety for the benefit of all citizens. If

federal courts strip state and local governments of

this discretion, local communities will suffer—

including small businesses, employees, and the

customers they serve. Amici are concerned that the

Ninth Circuit’s decision in Johnson v. City of Grants

Pass, 72 F.4th 868 (9th Cir. 2023), will hamstring the

ability of local governments to provide for public

health and safety and the economic viability of

businesses within their communities.

INTRODUCTION AND SUMMARY

In 2019, the Ninth Circuit held that the

enforcement of criminal restrictions on public

camping violates the Eighth Amendment’s Cruel and

Unusual Punishment Clause unless the target of the

enforcement has access to adequate temporary

shelter. Martin v. City of Boise, 920 F.3d 584, 617 (9th

Cir. 2019). In response, Judge Milan Smith warned of

the “havoc on . . . businesses” that would be wrought

from “shack[ling] the hands of public officials trying

to redress the serious societal concern of

homelessness.” Id. at 590 (M. Smith, J., dissenting

-3-

from the denial of rehearing en banc).

Judge Smith’s warning has proved prescient. In

cities throughout the Ninth Circuit, local

governments find themselves handcuffed when

attempting to ameliorate the homelessness crisis.

Despite business owners’ efforts to improve the lives

and wellbeing of their unhoused neighbors,

businesses throughout the circuit bear the brunt of

local governments’ inability to respond effectively to

the public-health issues and criminal activity that

invariably follow in the wake of burgeoning homeless

encampments.

Employers have difficulty attracting and retaining

employees at locations near encampments, citing

health and safety concerns. Customers forgo

patronizing businesses, preferring not to face a

heightened risk of crime or to brave open-air drug

markets. Once-vibrant commercial districts degrade,

and business owners face the difficult choice of either

operating in increasingly dangerous conditions or

shutting down. As businesses reduce operations or

close, employment opportunities diminish, and

residents eventually relocate. Local economies suffer.

Since Martin, the Ninth Circuit has only made

things worse by preventing enforcement of even

generally applicable camping ordinances. Johnson v.

Grants Pass, 72 F.4th 868, 890 (9th Cir. 2023). That

decision will further prevent local leaders from

addressing the needs of the unhoused while

preserving public spaces for all to enjoy. The business

community in the Ninth Circuit thus turns to this

Court for relief. To ensure that local governments

have the necessary leeway to apply sensible policies

to address the homelessness crisis and its collateral

effects, this Court should reverse the decision below.

-4-

ARGUMENT

I.

THE HOMELESSNESS CRISIS ACUTELY IMPACTS

LOCAL BUSINESSES

A.

Businesses in the Ninth Circuit

are committed to providing

solutions, but cannot do it alone.

The

number

of

Americans

experiencing

homelessness is at an all-time high. April Rubin,

Homelessness in the U.S. jumped to record level in

2023, government says, Axios (Dec. 15, 2023)

http://tinyurl.com/s4zkv48n. The Department of

Housing and Urban Development reported that

homelessness increased 12% between 2022 and 2023,

with about 653,100 people—about 20 of every 10,000

people

in

the

United

States—experiencing

homelessness on a single night in 2023. U.S. Dep’t of

Hous. and Urban Dev., The 2023 Annual

Homelessness Assessment Report (AHAR) to Congress

2 (Dec. 2023) (“HUD 2023 Homelessness Report”),

http://tinyurl.com/5cubmzev.

The

effects

of

homelessness are dire for the unhoused population.

Homelessness drops average life expectancy by about

28 years, and unhoused persons are “more likely than

others to experience injury and interpersonal

violence.” Nat’l All. to End Homelessness, Not One

More: Honoring Those Who Died Homeless (Dec. 20,

2021), http://tinyurl.com/2thxa6pz.

States within the Ninth Circuit have particularly

high

numbers

of

individuals

experiencing

homelessness, with California alone accounting for

28% of all unhoused individuals in the United States

-5-

and 49% of all unsheltered people in the country. 2

HUD 2023 Homelessness Report at 16. All five of the

states with the highest percentages of people

experiencing unsheltered homelessness are in the

Ninth Circuit, id. at 17, and all five major American

cities in which more than 70% of people experiencing

homelessness are unsheltered are in California, id. at

19.

As stewards of their communities, business

owners are attempting to care for their unhoused

neighbors as best as they can. In Palm Springs, an

energy company provides cell phone solar chargers to

unhoused individuals to ensure they can power their

phones and “reach public safety, caseworkers, family

members, doctors and friends.” Nicole Hayden, How

Southern California businesses are helping to address

homelessness in creative, innovative ways, Palm

Springs

Desert

Sun

(Aug.

30,

2019),

http://tinyurl.com/22dzhycn. The company’s CEO

explained that “companies should give back to the

community they do business in, using their

specialized skills to meet a community need.” Id.

In Seattle, a technology company provides

hundreds of millions of dollars in loans for affordable

housing. Id. A Los Angeles jewelry company has

provided more than 70 jobs and 163,678 hours of work

to individuals transitioning out of homelessness. Id.

Those who are homeless can be “sheltered” or

“unsheltered.” “Sheltered” refers to homeless “people who are

staying in emergency shelters, transitional housing programs, or

safe havens.” “Unsheltered” refers to homeless “people whose

primary nighttime location is a public or private place not

designated for, or ordinarily used as, a regular sleeping

accommodation for people,” such as streets or parks. HUD 2023

Homelessness Report at 5.

2

-6-

In Oakland, local restaurants lead teams of

volunteers to serve food to unhoused individuals in

encampments and in their restaurants. Ryan Curry,

Oakland small businesses open doors to feed those in

need on Christmas Day, ABC7 (Dec. 25, 2023),

http://tinyurl.com/5auy4mwz. One restaurant owner

explained: “I feel it is an obligation of every business,

especially small business to support the community.”

Id.

Barbershop owners in Sacramento lead a holiday

drive to distribute coats, blankets, and scarves to the

unhoused community. Chris Tomas, Barbershops,

salons collecting donations to ‘heat the streets’ this

holiday season, ABC 10 (Dec. 8, 2023),

http://tinyurl.com/4hnr6y6b.

In Phoenix, owners of a sandwich shop opened

their bathroom to the public, cashed disability checks,

and hired staff from the unhoused population,

including “a cleaner who slept a few blocks away on a

wooden pallet and washed up in the bathroom before

her shift.” Eli Saslow, A Sandwich Shop, a Tent City

and an American Crisis, N.Y. Times (Mar. 31, 2023),

http://tinyurl.com/23c5ecuy.

In Seattle, private companies and various

foundations raised $10 million in donations to

alleviate homelessness downtown. Greg Kim, Plan to

reduce homelessness in downtown Seattle picks up

after slow start, Seattle Times (Feb. 28, 2023),

http://tinyurl.com/27euyk7x.

In San Francisco, one technology company

donated $1 million to “help jump-start homeless

assistance.” Sean Captain, This tech CEO is offering

a $1 million donation to inspire tech companies to help

fight homelessness, Fast Company (Nov. 12, 2018),

https://tinyurl.com/3r87u754. The founder of another

-7-

tech company donated $30 million to “launch research

into the root cause of homelessness and find ways to

end it” in cooperation with the University of

California at San Francisco. Taylor Telford, A tech

billionaire donated $30 million to try to solve San

Francisco’s homelessness problem, Wash. Post (May 2,

2019), http://tinyurl.com/3kmubnfs.

The Associated Press reported a $2.2 billion

estimate of total philanthropic funding toward ending

housing and homelessness in 2021 alone. Thalia

Beaty, Jeff Bezos’s fund has now given almost $640

million to help homeless families, Associated Press

(Nov. 21, 2023), http://tinyurl.com/439f3yt4. And of

course, many of these donations come from local

businesses—large and small—and their employees.

But businesses cannot solve homelessness alone,

and despite their efforts, small business owners have

been “frustrated” by their inability “to make faster

progress” in reducing homelessness. Id. Indeed,

rather than progress, the situation is worsening, and

the rise in the number of people experiencing

unsheltered homelessness has led to a sharp increase

in the number of homeless encampments, especially

within the Ninth Circuit. U.S. Dep’t of Hous. and

Urban Dev., Unsheltered Homelessness and Homeless

Encampments in 2019, http://tinyurl.com/265ku5sj;

see also Claire Rush, Janie Har & Michael Casey,

‘We’re not trash, we’re people,’ say unhoused amid

encampment sweeps, Christian Science Monitor (Nov.

28, 2023), http://tinyurl.com/43kjwc5e (noting growth

in the number of encampments in Phoenix, Las

Vegas, and Los Angeles). These encampments—and

the public health and safety risks they create—are

increasingly threatening local economies.

-8-

B.

Local businesses struggle to

attract customers and employees

in affected areas.

1. Across the Ninth Circuit, business owners are

losing customers because of public health and safety

concerns

associated

with

nearby

homeless

encampments. In Sherman Oaks, California, the

owner of a bar and grill explains: “People are afraid to

come out. . . . They’re afraid to come here. We’re

losing money. Every single small business in

Sherman Oaks is losing money.” Gina Silva, ‘We're

losing money’: Sherman Oaks small business owners

plagued by homeless crisis, FOX 11 (Sept. 22, 2022),

http://tinyurl.com/4vp3nd2d.

A San Francisco real estate broker noted that area

“businesses keep losing customers because of people

camped on sidewalks, some clearly in mental

distress.” Christian Science Monitor, supra. The

manager of a Best Western in San Francisco said

doing business “has been very difficult in the last few

years” in the face of guest complaints about a

homeless encampment across the street from the

hotel. Danielle Echeverria, Hotel in S.F.’s Tenderloin

says it will remove sprinklers near homeless

encampment hot spot, S.F. Chronicle (Oct. 6, 2023),

http://tinyurl.com/mr3y7746.

In Chula Vista, California, a jiu-jitsu instructor

explained that he has been losing customers because

parents “don’t want the kids exposed” to the “broken

glass, needles with blood, [and] feces” from homeless

encampments near his studio. Laura Acevedo, Chula

Vista business owners concerned about homeless

encampments nearby, ABC 10 (Dec. 12, 2023),

http://tinyurl.com/uyzd7ppj.

In the Beverly Grove neighborhood of Los Angeles,

-9-

a business owner says she is in “danger of losing her

business,” which has operated for nearly 20 years,

“because customers won’t come to the area” amid the

“drug sales, fights, fires and even homeless people

sleeping naked on the street” from a nearby

encampment. Phil Shuman, Homeless encampments

in Beverly Grove impacting business for some, FOX 11

(Apr. 13, 2023), http://tinyurl.com/3vjrxaet.

The owner of a music store in Hollywood observed

that customers are “afraid to go to the store” because

of the unruliness from “fires,” “fights,” and “turf wars”

in the nearby homeless encampments, and a tour

operator explained that he was unable to continue

doing sightseeing tours because “[t]ourists were

scared to stop by.” Businesses hope customers return

as city clears out Hollywood homeless encampment,

ABC7 (June 6, 2023), http://tinyurl.com/yvb32d4z.

Business owners in downtown Las Vegas likewise

“say homeless camps are driving customers away.”

Kelsey Thomas, Downtown business owners say

homeless camps driving customers away, KSNV (Nov.

7, 2018), http://tinyurl.com/485mfy93.

In San Diego, the owner of a taco restaurant said

he has “seen customers walk away or switch their

order to take-out because of a large homeless

encampment that had existed for months directly

across the street.” Gary Warth, Lost customers,

tenants and clients. ‘I feel very empathetic with the

people, but I have a business to run.’, San Diego

Union-Tribune

(July

8,

2023),

http://tinyurl.com/4x68fv96. Tenants, assaulted by

unhoused individuals in the neighborhood, have

moved out of a building near homeless encampments

citing safety concerns. Id.

In San Francisco, the owners of a dog daycare

- 10 -

center reported that their clients “feel scared to get

out of their car to bring dogs into our business” and

“don’t feel safe” because of the homeless encampment

directly outside their business. Justine Waldman, SF

business owners concerned about homeless near store,

KRON4 (May 31, 2023), http://tinyurl.com/3s8jwedv.

While in Los Angeles, a Lebanese-American

immigrant who opened an automobile and body repair

shop lamented the harmful effects of the homeless

encampment across the street, explaining that they

are “scaring away any hope of new business.”

Genevieve Wong, Shop owners across US take action

as homeless camps threaten business, safety, N.Y. Post

(Apr. 24, 2023), http://tinyurl.com/ytyjzrt7.

2. Homeless encampments do not merely deter

customers—they also impact current and potential

employees, who fear for their health and safety. For

example, the Los Angeles repair shop owner’s

employees worry that the business’s parking lot “is no

longer safe for their cars” and “dread[] the human

feces and urine they often encounter outside,” leading

“some to quit.” Id.

In Bozeman, Montana, a business owner

explained that the business’s “all-female staff” had

particular

“safety

concerns”

about

nearby

encampments. Edgar Cedillo, ‘What do we do?’:

Business owners feel stuck as encampments move

closer to business, 7 KBZK (Aug. 9, 2023),

http://tinyurl.com/5n7z54t5.

3. As businesses lose both customers and

employees because of the collateral effects of homeless

encampments, some owners have no choice but to

relocate or close their businesses after years of being

stewards of their communities. In Bend, Oregon, the

owner of a farm that boarded horses was forced to

- 11 -

close her business after nearby homeless

encampments drove customers away. Blake Mayfield,

Horse-boarding business near Juniper Ridge homeless

encampments closes down due to ongoing issues,

KTVZ

NewsChannel

21

(Dec.

18,

2023),

http://tinyurl.com/222pdvhy.

A barbershop decided to move away from

downtown Spokane after 19 years, citing “crime and

homelessness in the area” and “the safety of their staff

and the loss of clientele.” Vanessa Perez, Barbershop

relocating out of downtown Spokane due to homeless,

crime,

KXLY

(Mar.

3,

2023),

http://tinyurl.com/26b569et.

The owners of a Phoenix sandwich shop who

“planned to build up the business and eventually sell

it for enough money to retire” had their dreams

disrupted by a nearby 1,100-person homeless

encampment. German Lopez, Chaos Up Close, N.Y.

Times (Mar. 19, 2023), http://tinyurl.com/3f9a84z9.

Although they have tried to sell, they “can’t find

anybody to buy their restaurant,” which opened 37

years ago, “even as they’ve steadily reduced the

price.” Id.

The “unprecedented” homelessness crisis in San

Francisco has led “more than 95 retailers to leave the

city along with a “mass exodus” of retailers from the

city’s Union Square neighborhood. Alex Hammer,

Gump’s San Francisco could close after 166 years due

to dwindling foot traffic and homeless people

harassing shoppers, Daily Mail (Aug. 16, 2023),

http://tinyurl.com/3cjmf457.

The high rate of unsheltered homelessness in the

Ninth Circuit, and local leaders’ inability to apply

sensible policies to address the crisis, has created a

perfect storm for the business community. Customers

- 12 -

disappear, employees leave, and businesses are forced

to relocate or close their doors permanently. This

Court’s intervention is necessary to prevent further

damage to businesses and the economic vitality of

communities throughout the Ninth Circuit.

C.

Violence, theft, drug use, and

other crimes adversely affect

businesses.

Unsurprisingly, academic literature reveals that

crime is significantly higher around homeless

encampments than in other city neighborhoods. See

Daniel Reinhard & Mark C. Stafford, Can police

camping ticket geographies facilitate homeless

outreach? Identifying harms and people in homeless

encampments, 88 GeoJournal 6247, 6248 (Oct. 11,

2023) (gathering sources). For example, assault is 3.6

times more concentrated within one city block of an

encampment than in the city overall. Id. The spillover

effects of crimes associated with homeless

encampments, such as violence, theft, and drug use,

have devastating impacts for businesses near the

encampments.

1. Business owners, their employees, and their

customers are often targets of violent crime that spills

over from nearby homeless encampments. In Seattle,

“business owners and neighbors [say] they feel under

siege,” contending with a stabbing, two shootings, an

axe attack, and rapes that were “directly connected to

encampments.” Tammy Mutasa, Growing crime rate

at Seattle’s homeless camps prompts anxiety, demands

for solutions, KOMO News (May 20, 2022),

http://tinyurl.com/36x52u65.

At a retail store in Los Angeles, a homeless man

- 13 -

grabbed a kitchen knife and told a 9-year-old boy that

“he was going to stab him and kill him,” then “stabbed

the boy in the shoulder” and attacked a woman who

attempted to intervene. Stephen Hawkins, 9-year-old

boy and woman stabbed by homeless man in Los

Angeles,

FOX26

(Nov.

16,

2022),

https://tinyurl.com/5295yjy6.

A woman working at a boutique furniture store in

Los Angeles was stabbed to death by a homeless man;

police stated that “the attack appeared to be

completely random and unprovoked.” Man charged in

fatal stabbing of woman at Hancock Park store can’t

act as own attorney, judge rules, ABC7 (June 9, 2023),

http://tinyurl.com/57v3e3s5.

In Sacramento, two owners of a thrift store

attacked by homeless individuals outside their store

noted that “law enforcement is limited in what they

can do” to protect small businesses from such threats.

Roxanne Elias, Dollar Thrift owners attacked by two

homeless people in Sacramento (Oct. 30, 2023),

http://tinyurl.com/mwuhp6yw.

Business owners in downtown Anchorage

expressed hope that “[t]he city and the state” will

“step up . . . [to get] homeless people [] the help they

need,” but noted their concern about the violence

confronting their employees and their customers. Lex

Yelverton, Anchorage business owners speak of impact

of homeless in downtown, Alaska’s News Source (June

12, 2023), http://tinyurl.com/4atv3u3b.

2. Businesses in proximity to homeless

encampments are also frequently subjected to

rampant theft and break-ins. A San Diego baker

specializing in vegan and gluten-free baked goods

described the “brazen” thefts by homeless individuals

who enter the shop and “steal[] whatever is

- 14 -

available.” Kelvin Henry, Ocean Beach bakery locks

door during business hours after string of theft by

homeless people, NBC 7 San Diego (Aug. 14, 2023),

http://tinyurl.com/4zz72w3z. In response to the theft,

the bakery now keeps its door locked during business

hours, and customers must ring a doorbell to gain

entry. Id. The owner expressed regret that the store

had to be locked down during business hours but

noted that a thief with a crowbar has left “her

employees shaken to the core,” and hopes that this

problem “will go away” “down the road.” Id.

The owner of businesses in San Jose and Los

Angeles near homeless encampment reported that his

“employees often find their trucks with empty gas

tanks or missing catalytic converters,” and explained

that the increasing costs of these thefts led him to

relocate out of San Jose. Jana Kadah, San Jose

businesses frustrated by homelessness, San Jose

Spotlight (Jan. 5, 2023), https://tinyurl.com/y22ufn8z;

Carlos Granda, Business owners struggle to deal with

homeless encampments they say bring crime, hurt

bottom

line,

ABC7

(Mar.

22,

2023),

https://tinyurl.com/ctmetbwv.

A police raid of a homeless camp in central Oregon

recovered $50,000 of stolen property, including a

large number of tools belonging to a projectmanagement company that said “the recovery of tools

saved the jobs of seven employees.” Barney Lerten,

Redmond police, CERT raid homeless camp on BLM

land east of city, recover $50K in stolen items; two

arrested, KTVZ NewsChannel 21 (Jan. 30, 2024),

https://tinyurl.com/3b9y6xp7.

The president of a burglarized recording studio in

Hollywood warned that the “homeless problem” would

“potentially put[] [the company] out of business,”

- 15 -

noting that recording artists are reluctant to work

with the studio after being accosted. Sophie Flay, Will

the homeless crisis drive a legendary Hollywood

recording studio out of business?, ABC7 (Feb. 13,

2024), https://tinyurl.com/mry5neaz.

3. Rampant drug use is also a collateral effect.

Hypodermic

needles

abound

in

homeless

encampments, and cities across the Ninth Circuit

struggle to dispose of them safely. When Orange

County Public Works crews cleaned up a river trail

once populated by homeless encampments, they

collected about 13,950 needles. Theresa Walker,

Thousands of pounds of human waste, close to 14,000

hypodermic needles cleaned out from Santa Ana River

homeless encampments, Orange County Register

(March 8, 2018), http://tinyurl.com/evphv698.

In Los Angeles, sanitation workers removed 30

pounds of needles from a cleared homeless

encampment. Hundreds of Pounds of Human Waste,

Needles

Cleaned

From

Former

Homeless

Encampment at Echo Park, KCAL News (May 6,

2021), http://tinyurl.com/2prxp7kb.

And in Sacramento, “used needles and drug

paraphernalia littering the floor and a baby’s

changing table” were found in a public bathroom at a

park populated with homeless encampments. Ashley

Sharp, Neighbors say out-of-control drug use at

Sacramento park’s homeless encampments is

dangerous, frightening, CBS Sacramento (July 17,

2023), http://tinyurl.com/bdzdmvtv.

Business owners are, understandably, concerned

for their customers’ safety when unhoused

individuals leave discarded needles at the door of

their businesses. E.g., Waldman, supra; Acevedo,

supra. Businesses also have to contend with drug use

- 16 -

in encampments that can dissuade customers from

entering restaurants and shops. For example, a

business owner in Seattle lamented that “nearby

encampments and the drug use they bring are

crushing the neighborhood.” Jeremy Harris, Small

business owners in Lake City say public drug use,

encampments are out of control, KOKO News (Aug.

30, 2023), http://tinyurl.com/44t6t5hw. Nearby, a

restaurant owner had to induce two fentanyl users

smoking outside his restaurant to leave by offering

them food. Id.

Open-air drug markets, common in encampments,

also alienate potential customers and exasperate

business owners. In Oakland, open-air drug markets

in encampments have created an “untenable

situation” for the city’s business community. Jon

Michael Raasch, Homelessness has ‘exploded’ in this

California city, making it the ‘land of milk and

fentanyl,’ activist says, N.Y. Post (Aug. 14, 2023),

http://tinyurl.com/2s45cw9x.

The owner of a sandwich shop in San Francisco

has found his neighborhood a “difficult place to run a

business” amid the problems of homelessness and

drug use, with “numerous small businesses” leaving

the neighborhood. Matthew Kupfer, From tech haven

to has-been: San Francisco’s once-thriving SoMa

neighborhood struggles to find footing, S.F. Standard

(July 3, 2023), http://tinyurl.com/4exbmvpc.

The cumulative effect of violent crime, theft, and

drug use connected to homeless encampments is

devastating to businesses, especially to small

businesses still recovering from the effects of

shutdowns during the pandemic. Left unchecked,

homeless encampments and the public safety issues

that follow in their wake will continue to wreak havoc

- 17 -

on businesses throughout the Ninth Circuit.

D.

The cumulative effects of the

homelessness crisis are forcing

businesses to close or move.

As Judge Smith foretold, the cumulative effects of

unchecked homeless encampments are “wreaking

havoc on . . . businesses throughout [the Ninth]

[C]ircuit.” Martin, 920 F.3d at 590 (M. Smith, J.,

dissenting from the denial of rehearing en banc).

Faced with difficulties attracting and retaining

clients and employees due to violence, theft, drug use,

and a public-health crisis, increasing numbers of

businesses are making the gut-wrenching decision to

close their doors. The effects are devastating on the

cities in which these businesses once operated.

San Francisco, one of the cities in the Ninth

Circuit hit hardest by the homelessness crisis, is

acutely experiencing the effects of business closures.

The president of a San Francisco-based real-estate

firm, discussing the homelessness crisis, noted:

“Throughout almost any neighborhood in the city, you

will see empty retail stores, which were once

flourishing businesses.” Retailers struggle in areas

that used to be commercially vibrant, from Union

Square to the downtown Financial District. Cory

Smith, Business owners, cities struggling with

homeless

crisis,

WWMT

(May

15,

2023),

http://tinyurl.com/4dt276wj. Among the businesses

open in 2019 in Union Square, once a popular retailshopping area, only 53% were still in business in May

2023. Maryann Jones & Shelley D. Fargo, Nearly half

of Union Square’s stores have closed since 2019, S.F.

Standard

(May

18,

2023),

- 18 -

https://tinyurl.com/2p9s8fxx. In the city’s Financial

District, the office vacancy rate as of December 2023

was at a record high of over 35% compared with a 3%

to 4% vacancy rate before the COVID-19 pandemic.

J.R. Stone, San Francisco now at 35% office vacancy

rate, highest ever recorded: data, ABC7 (Dec. 1, 2023),

https://tinyurl.com/2s3var6u.

Similarly, in downtown Seattle, the office vacancy

rate more than tripled from 6.6% in 2019 to 21.2% in

February 2023, with analysts saying they “wouldn’t

be surprised” to see the vacancy rate at 30% by the

end of 2024. Josh Cohen, The post-pandemic ups and

downs of Seattle’s Downtown recovery, Crosscut

Cascade

PBS

(Dec.

19,

2023),

https://tinyurl.com/22jauwt9. In the first quarter of

2023, downtown San Diego had the highest office

vacancy rate in the country. Ray Huard, SPECIAL

REPORT: Commercial Real Estate, S.D. Business

Journal (Apr. 20, 2023), https://tinyurl.com/4m67zzje.

While some of this decline is undoubtedly a hangover

from the pandemic, the deterioration of public health

and safety resulting from unchecked homeless

encampments plays a significant role.

In Portland, Oregon, “more than 2,600 downtown

businesses have filed changes of address with the U.S.

Postal Service to leave their downtown ZIP codes.”

The crime effects of the homelessness crisis are

particularly acute in Portland, with “several stores

forced to permanently shutter due to break-ins now

common due to rampant crime, making the

businesses no longer financially viable.” Alex

Hammer, It’s a hollowed out shell, Daily Mail (Mar. 2,

2023), http://tinyurl.com/mz96ywst. The numerous

amicus briefs filed in support of certiorari in this case

further highlight the effects of the homelessness crisis

- 19 -

on businesses throughout the circuit. 3

As businesses close, local communities suffer.

Employment opportunities dwindle, residents

relocate, and crime increases. The result is a weaker

economy and more dangerous living conditions for all

citizens in the community.

See generally Br. of Amici Curiae Los Angeles Area

Chamber of Commerce and Central City Association of Los

Angeles; see also , e.g., Br. of Amicus Curiae Office of the San

Diego County District Attorney at 6 (“The impact on small

business owners having their livelihood interrupted because

entry by customers is impeded by encampments also causes

much hardship.”); Br. of Amicus Curiae District Attorney of

Sacramento County at 20 (“Business owners struggle when

homeless encampments impinge on their property or make the

area around the business unsafe.” (citation omitted)); Br. of

Amicus Curiae Brentwood Community Council at 16 (“[S]ome of

our local businesses report to us they face ever increasing

security costs in response to violent and belligerent homeless

individuals who scare off patrons and damage private and public

property alike . . . . [S]ome of our commercial property owners

struggle to attract tenants because of an encampment

immediately outside the premises that scares off potential

tenants.”); Br. of Amicus Curiae Washington State Association

of Sheriffs and Police Chiefs at 9 (“Disturbing, violent crime in

and around Seattle’s homeless camps continues to be a growing

problem with business owners and neighbors saying they feel

under siege.”); Br. of Amici Curiae Ten California Cities and the

County of Orange at 25–26 (”Significant increases in homeless

encampments on public walkways and in front of storefront

businesses that accumulate trash, debris, and hazardous

materials and harm to local businesses.”); Br. of Amici Curiae

Bay Area Council, et al. at 15 (“No doubt, the economy is

suffering. Data suggests that the presence of homeless

encampments and persons on transit and public rights of way

are discouraging employees from returning to offices.”); Br. of

Amici Curiae Neighbors for a Better San Francisco, et al. at 11

(“Small businesses have been especially hard hit. . . . Countless

[business] closures have deprived communities of needed

commerce and workers of their livelihoods.”).

3

- 20 -

Businesses are doing their part to ameliorate the

homelessness crisis and provide for their unhoused

neighbors. But businesses cannot solve the problem

alone. State and local governments must be

empowered to tackle the homelessness crisis through

sensible policies that protect the economic vibrancy of

their communities.

II.

LOCAL GOVERNMENTS NEED LEEWAY TO APPLY

SENSIBLE

POLICIES

TO

SERVE

THEIR

COMMUNITIES

In his efforts to tackle the “crisis of homelessness”

in California, Governor Gavin Newsom has

emphasized the importance of being able to use “every

tool in our toolbox.” Office of Gov. Gavin Newsom,

Governor Newsom Announces $1 Billion in

Homelessness Funding, Launches State’s Largest

Mobilization of Small Homes (Mar. 16, 2023),

http://tinyurl.com/bdfuwurv. But the Ninth Circuit

has handcuffed California—and the other states in

the Ninth Circuit—by preventing states from

“tak[ing] reasonable actions to address the

homelessness crisis” and “t[ying] the hands of state

and local governments to address the issue.” Office of

Gov. Gavin Newsom, Governor Newsom Statement on

U.S. Supreme Court Agreeing to Hear Case on

Homelessness

(Jan.

12,

2024),

https://tinyurl.com/42mrrrsy.

Mayor London Breed of San Francisco has also

emphasized the importance of allowing local

governments to “provide services to persons

experiencing homelessness while also protecting the

health, safety, and welfare of all its residents,”

warning that unduly confining local governments’

- 21 -

ability to manage the crisis will “wreak[] practical

havoc . . . in municipalities across the Ninth Circuit,

including in San Francisco.” Quinn Wilson, SF Mayor

Asks Justices To Review Homelessness Case, Law360

(Oct. 3, 2023), http://tinyurl.com/ytuynj9y.

Judge Milan Smith described the substantial

actions many municipalities have taken to address

the homelessness crisis but warned that “most of

these attempts to mitigate the challenging issues of

homelessness have been wholly or partially

frustrated by an alleged constitutional right conjured

by a panel of our court that finds no support in United

States Supreme Court jurisprudence.” Johnson, 72

F.4th at 935 (M. Smith, dissenting from the denial of

rehearing en banc); accord id. at 945 (Bress, J.,

dissenting from the denial of rehearing en banc)

(“[W]e must allow local leaders—and the people who

elect them—the latitude to address on the ground the

distinctly local features of the present crisis of

homelessness and lack of affordable housing.”)

Time and again, business owners have sought

their local government’s assistance in addressing the

collateral effects of homelessness and homeless

encampments on their businesses. See, e.g., Jaclyn

Schultz, Commercial Center businesses call for

removal of nearby homeless camp, FOX5 (Jan. 25,

2024), http://tinyurl.com/yttcrjtm (group of business

owners in Las Vegas called for a community meeting

with local leaders to address the homelessness crisis);

Scott Snowden, Anger from business owners over

homelessness inaction dominates Downtown meeting,

Santa Monica Daily Press (Aug. 23, 2023)

http://tinyurl.com/23xmpam9 (retailers in downtown

Santa Monica met with local officials seeking action

on “an ongoing crisis of homelessness in the city’s

- 22 -

epicenter of retail and tourism.”). Local officials are

often sympathetic to business owners’ concerns but

cite “limits on their ability to address some of the key

complaints.” Id. For example, the Chief of the Santa

Monica City Attorney’s Criminal Division explained:

“And as much as I would like to have some more tools

in my toolbox, there’s case law and there’s the

constitution that make it difficult for us sometimes to

be able to employ all the tools in our toolbox.” Id.

Most government officials recognize the

devastating effects that homeless encampments pose

to local businesses and the community. As one

representative of an afflicted neighborhood on the

San Francisco Board of Supervisors correctly

predicted, “the neighborhood will bounce back if the

city can better respond to its drug crisis.” Kupfer,

supra. The mayor of Spokane acknowledged that the

area around a homeless camp was “not a safe place for

the community” and “not safe for the businesses who

operate around it.” Esther Bower, ‘Not a safe place’:

Police say crime is up 58% near Camp Hope, business

owners overwhelmed with damage, KXLY (Jan. 13,

2023), http://tinyurl.com/2283b856. And outreach

teams from Seattle have attempted to address the

“open-air drug market” in a local homeless

encampment. Joel Moreno, Seattle homeless camp

returns to north Green Lake neighborhood, KOMO

News (Oct. 5, 2023), http://tinyurl.com/3bmxjwxe.

But, as Governor Newsom stated in his cert-stage

amicus brief: “[G]overnment officials are trapped, at

risk of suit for taking action but also accountable for

the consequences of inaction.” Br. for California

Governor Gavin Newsom as Amicus Curiae at 12.

If allowed to take decisive action, local

governments could respond effectively to the various

- 23 -

concerns raised by businesses. For example, in

Portland, business owners praised an ordinance

passed in 2023 addressing homeless encampments,

noting that it “could attract customers currently

deterred by sidewalk encampments.” Alex Zielinski,

Portland approves ban on daytime street camping and

imposes

other

restrictions,

Oregon

Public

Broadcasting

(June

8,

2023),

http://tinyurl.com/2cjczmwu.

To be sure, there are no easy solutions to the

homelessness crisis, which affects a wide variety of

community members, from homeless individuals and

small business owners to employees and patrons. But

difficult

problems

require

innovation,

experimentation, and flexibility, coupled with the

expertise of public officials to create policies to best

serve their communities. See Br. for California

Governor Gavin Newsom as Amicus Curiae at 12. (“To

tackle the complicated issues of housing and

homelessness in our State, California’s policymakers

need access to the full panoply of tools in the policy

toolbox.”). Businesses across the country, suffering

from the collateral effects of the homelessness crisis,

remain hopeful that the “straitjacket” placed on local

governments will be removed to allow elected officials

to do their jobs. Martin, 920 F.3d at 590 (M. Smith, J.,

dissenting from denial of rehearing en banc).

Businesses—large and small—are doing their part to

support their homeless neighbors and stand ready to

partner with local leaders to assist with solutions that

bring relief both to the homeless and to the business

community.

- 24 -

CONCLUSION

This Court should reverse the judgment of the

Ninth Circuit.

Respectfully submitted,

ROBERT E. DUNN

Counsel of Record

EIMER STAHL LLP

1999 S. Bascom Ave.

Suite 1025

Campbell, CA 95008

(408) 889-1690

rdunn@eimerstahl.com

Counsel for Amici Curiae

TARA S. MORRISSEY

JORDAN L. VON BOKERN

U.S. CHAMBER

LITIGATION CENTER

1615 H Street, NW

Washington, DC 20062

Counsel

for

Amicus

Curiae Chamber of

Commerce of the

United States of America

March 4, 2024

- 25 -