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

Supreme Court briefMar 4, 2024

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No. 23-175

In the Supreme Court of the United States

——————

CITY OF GRANTS PASS, OREGON,

Petitioner,

v.

GLORIA JOHNSON, ET AL.,

Respondents.

——————

ON WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

——————

BRIEF OF NEIGHBORS FOR A BETTER SAN

FRANCISCO AND MORE THAN 300 SAN

FRANCISCO-BASED BUSINESS OWNERS

AND EXECUTIVES, CIVIC ORGANIZATIONS,

PROFESSIONALS, AND NEIGHBORHOOD

LEADERS AS AMICI CURIAE IN SUPPORT OF

PETITIONER

——————

CHRISTOPHER G. MICHEL

TERRENCE L. GEORGE

QUINN EMANUEL URQUHART Counsel of Record

RACHEL G. FRANK

& SULLIVAN, LLP

MICHAEL SEBRING

191 N. Wacker Drive

QUINN EMANUEL URQUHART

Suite 2700

& SULLIVAN, LLP

Chicago, IL 60606

1300 I Street, N.W.

Suite 900

Washington, D.C. 20005

(202) 538-8308

christophermichel@

quinnemanuel.com

Counsel for Amici Curiae

i

QUESTION PRESENTED

Whether a municipal government’s enforcement of

generally applicable laws regulating sleeping and

camping on public property constitutes cruel and unusual punishment in violation of the Eighth Amendment.

ii

TABLE OF CONTENTS

Page

QUESTION PRESENTED ........................................... i

TABLE OF AUTHORITIES ....................................... iv

INTEREST OF AMICI CURIAE ................................ 1

INTRODUCTION AND SUMMARY OF

ARGUMENT ...................................................... 2

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

I.

II.

San Francisco’s Experiences

Demonstrate The Dire Effect Of The

Ninth Circuit’s Rulings ..................................... 5

A.

San Francisco Faces An

Increasingly Dire Homelessness

Crisis ....................................................... 5

B.

San Francisco’s Attempts To

Address Its Homelessness Crisis

Have Been Undermined By The

Ninth Circuit ........................................ 13

The Ninth Circuit’s Decision Is Wrong ......... 18

A.

The Eighth Amendment Does

Not Prohibit State Or Local

Governments From Punishing

Proscribed Conduct .............................. 18

B.

The Ninth Circuit Badly

Misinterpreted the Eighth

Amendment .......................................... 21

C.

The Ninth Circuit’s Decisions

Undermine Core Principles of

iii

Federalism and Judicial

Restraint ............................................... 24

CONCLUSION ........................................................... 28

APPENDIX A

List of Amici Curiae ........................................ 2a

APPENDIX B

Lawsuits Filed Under Martin v. City of

Boise and Johnson v. Grants Pass ............... 15a

iv

TABLE OF AUTHORITIES

Page

Cases

City of Chicago v. Morales,

527 U.S. 41 (1999) ................................................. 22

Coal. on Homelessness v. City & Cnty. of

S.F., 2022 WL 17905114 (N.D. Cal.

Dec. 23, 2022) .......................................4, 7-9, 13-15

Coal. on Homelessness v. City & Cnty. of

S.F., 90 F.4th 975 (9th Cir. 2024) ....... 4, 17, 18, 23

Coal. on Homelessness v. City & Cnty. of

S.F., 2024 WL 125340 (9th Cir. Jan.

11, 2024) ................................................................ 16

Gregg v. Georgia,

428 U.S. 153 (1976)............................................... 25

Harmelin v. Michigan,

501 U.S. 957 (1991)............................................... 26

Ingraham v. Wright,

430 U.S. 651 (1977)............................................... 19

Jones v. Hendrix,

599 U.S. 465 (2023)............................................... 18

Jones v. United States,

463 U.S. 354 (1983)............................................... 26

Kahler v. Kansas,

140 S. Ct. 1021 (2020) .......................................... 22

v

Kennedy v. Louisiana,

554 U.S. 407 (2008)............................................... 25

Manning v. Caldwell,

930 F.3d 264 (4th Cir. 2019) .................... 20, 23, 25

Martin v. City of Boise,

920 F.3d 584 (9th Cir. 2019)

................................................. 2-3, 14, 19, 21, 23-24

Powell v. Texas,

392 U.S. 514 (1968)............................. 19, 20, 24, 25

Roberts v. Louisiana,

431 U.S. 633 (1977)............................................... 25

Robinson v. California,

370 U.S. 660 (1962)......................................... 19, 21

Tobe v. City of Santa Ana,

892 P.2d 1145 (Cal. 1995) .................................... 26

Statutes

S.F., Cal., Police Code § 169(c) .................................. 13

Other Authorities

Alex Bitter & Jordan Hart, Nordstrom

Closes Flagship Location as Office

Vacancies and Fears of Crime Rise

in San Francisco, BUSINESS INSIDER

(Aug. 29, 2023), http://tinyurl.com/6t73n2jd ............................................... 11

vi

Andrea Cavallier, Inside San

Francisco’s Open Air Drug Market,

DAILY MAIL (Jan. 25, 2022),

https://tinyurl.com/yz77b8kz ................................. 8

Betty Yu, Homeless Encampment Fires

Plague Residents of San Francisco

Tenderloin District Building, CBS

NEWS BAY AREA (June 27, 2023),

https://tinyurl.com/mw9skjt7............................... 10

C.Y. Liu et al., Communicable Disease

Among People Experiencing Homelessness in California, 148 E PIDEMIOLOGY & INFECTION e85 (2020),

https://tinyurl.com/4dan2jvk ................................. 9

Candy Store Owner, Employee and Customer Attacked at San Francisco

Store, KTVU (Sept. 28, 2023),

http://tinyurl.com/yc7ejnf8 ................................... 12

Caroline J. Waddell et al., Possible Undetected Mpox Infection Among Persons Accessing Homeless Services

and Staying in Encampments —

San Francisco, California, October–

November 2022, CTRS. FOR DISEASE

CONTROL & PREVENTION: MORBIDITY

AND MORTALITY WKLY. REP. (Mar. 3,

2023), https://tinyurl.com/2s3b9e8t ...................... 9

vii

Da Lin, ‘Coming to the City, I'm Sorry,

It's Scary’; Safety Fears Linger in

Wake of a Violent Week in San Francisco, CBS NEWS BAY AREA , (Apr. 8,

2023), https://tinyurl.com/3ncyxpnd ..................... 9

Dan Thorn, Homeless Encampment Fire

Destroys Woman’s Car in San

Francisco, KRON4 (July 28, 2023),

https://tinyurl.com/yc4p833j ................................ 10

David Sjostedt, San Francisco homeless

encampments: Tensions boil over on

one of city’s busiest streets, S.F.

STANDARD (Oct. 20, 2023), http://tinyurl.com/mt2rj9eu .............................................. 13

Dion Lim, Drug Dealing, Defecation,

Debris: SF Street Causing ‘Chaos’ for

Homeowners, Businesses, ABC 7

NEWS (June 23, 2023), https://tinyurl.com/2k2he3rn................................................ 8

Erin McCormick, The Daily Battle to

Keep People Alive as Fentanyl Ravages San Francisco’s Tenderloin,

THE GUARDIAN (Apr. 23, 2022),

https://tinyurl.com/mr2r44ab ................................ 9

Henry O’Loughlin, Every Business

Leaving San Francisco, BUILD

REMOTE (2020–2023) (Sept. 3, 2023),

https://tinyurl.com/3sruvfpk ................................ 10

viii

Isabel Keane, Luxury San Francisco

store may close after 166 years due to

‘litany of destructive’ policies making

the city ‘unlivable’, N.Y. POST (Aug.

16, 2023),

https://tinyurl.com/5n7ctk5v................................ 13

James Gordon, San Francisco Whole

Foods Made More Than 560

Emergency Calls Over 13 Months

After Rampant Drug Use In

Restrooms, People Defecating On The

Floor, Violence Towards Staff, DAILY

MAIL (May 1, 2023),

https://tinyurl.com/mr3y6b5p .............................. 11

Jeremy B. White, Newsom Urges

SCOTUS to Consider Encampment

Ruling That Has ‘Paralyzed’

California Cities, POLITICO (Sept. 22,

2023), http://tinyurl.com/rpcf9fud ....................... 18

Jonah Lamb, Corpse: What Workers

Face Outside San Francisco Federal

Building, S.F. S TANDARD (Sept. 8,

2023), https://tinyurl.com/9a7t9xfm.................... 27

Josh Koehn & David Sjostedt, Homeless

encampment fires in San Francisco

doubled over 5 years, causing millions in damage, S.F. STANDARD

(Feb. 7, 2024), http://tinyurl.com/5n6jjmws ............................................. 10

ix

Joshua Rhett Miller, Old Navy to

Nordstrom: Half of Retailers Fleeing

Downtown San Francisco, NY POST

(June 21, 2023), https://tinyurl.com/9jjj29us................................................. 10

Justine Waldman, SF Business Owners

Concerned About Homeless Near

Store, KRON4 (May 23, 2023),

https://tinyurl.com/4dx6czj7 ................................ 12

Katy Grimes, San Francisco Collapse:

More Store Closures, Lawlessness,

Drugs, Homeless, CAL. G LOBE (May

11, 2023),

https://tinyurl.com/2z7v5fn8 ................................ 12

Kevin Fisher-Paulson, SF Retains

Beauty Despite All Our Decorating,

S.F. CHRON. (Jan. 30, 2018),

https://tinyurl.com/2s4hky9w ................................ 5

Lezla Gooden, SF Apartment Building

Seeks Help as Homeless Encampment Grows Underneath, CBS NEWS

BAY AREA (July 19, 2023), https://tinyurl.com/ycynt574 ................................................ 7

Lyanna Melendez, Some Federal Employees in SF Asked to Work From

Home Amid Drug, Crime Concerns:

Report, ABC 7 NEWS (Aug. 14,

2023), https://tinyurl.com/bdew9zdk ................... 27

x

Mallory Moench, Dad Reveals Horrific

Details of Baby’s Reported Fentanyl

Overdose at S.F. Playground, S.F.

CHRON. (Nov. 30, 2022), https://tinyurl.com/46few9nn ............................................... 8

Maureen Kelly, San Francisco Business

Owner Considering Closing Shop

After Being Bitten by Homeless

Person Twice, KRON4 (Sept. 10,

2019), https://tinyurl.com/5h2e9ukm .................... 9

Megan Cassidy, Crime Is So Bad Near

S.F. Federal Building Employees Are

Told to Work From Home, Officials

Said, S.F. CHRON. (Aug. 11, 2023),

https://tinyurl.com/58xdxcdu ............................... 27

Michael Thomas et al., Residents: We

Warned SF City Leaders Before

Massive Fire, KRON4 (Aug. 2, 2023),

https://tinyurl.com/ned4r4c6................................ 10

Miles Dilworth, San Francisco Exodus

Gather Pace: T-Mobile Shutters

Flagship Store After Nordstrom And

Saks Off Fifth Shut-Up Shop, DAILY

MAIL (May 8, 2023),

https://tinyurl.com/3p47r82e ............................... 11

Patrick Reilly, San Francisco Shop

Owner Slugged in the Face After

Asking Man to Stop Urinating in

Street, NY POST (Jul. 22, 2023),

http://tinyurl.com/yc2xmvyx ................................ 12

xi

Roland Li, S.F.’s Hotel Pain Could

Spread as More than 30 Owners

Face Mortgages Deadlines, S.F.

CHRONICLE (Jun. 7, 2023), http://tinyurl.com/4cejpj25 ................................................ 11

Ryan Autullo, Austin Voters Choose to

Bring Back Homeless Camping Ban,

AUSTIN AMERICAN-STATESMAN (May

1, 2021),

http://tinyurl.com/mjmw56ad .............................. 15

Sam Mauhay-Moore, S.F. Micro-Hotel

Yotel Acquired for $62M in

Foreclosure Auction, S.F. GATE (Oct.

13, 2022),

http://tinyurl.com/3ubb3b5e................................. 11

Sam Whiting, S.F.’s Historic

Huntington Hotel Has Been Sold,

S.F. CHRONICLE (Mar. 20, 2023),

https://tinyurl.com/mrar2b5r ............................... 11

San Francisco District Attorney Chesa

Boudin Recalled, 136 HARV . L. REV.

1740, 1741–43 & n.12 (2023) ............................... 14

SF Neighborhood Group Installs Planters Along Sidewalk Once Taken Over

by Homeless Encampment, CBS

NEWS BAY AREA (June 13, 2023),

https://tinyurl.com/49ucrtdc .................................. 8

xii

Stephen Council, Downtown San

Francisco is Losing a Bunch of tech

Conferences, Report Says, SFGATE

(Feb. 5, 2024),

http://tinyurl.com/56avme3b................................ 11

U.S. Supreme Court Lets Stand Ruling

That Was Backbone of Austin’s

Camping Ban Repeal, AUSTIN

AMERICAN-STATESMAN (Dec. 16,

2019), http://tinyurl.com/y2fz5nd2 ...................... 15

William Cole, San Francisco Grocery

Store Owner Considers Closing His

Store After Being Bitten by a

Homeless Person for the Second

Time in Four Months, DAILY MAIL

(Sept. 11, 2019),

http://tinyurl.com/34rj5k3v .................................. 12

William J. Stuntz & Joseph L. Hoffman,

DEFINING CRIMES 53 (2011) ................................. 20

Wilson Walker, Homeless Encampment

Sweeps Are Just One Aspect of a System Not Working for SF Residents,

CBS NEWS BAY AREA (Aug. 23,

2023), https://tinyurl.com/3x6ebw9v ................... 16

1

INTEREST OF AMICI CURIAE

Amici curiae are a broad range of San Franciscobased companies, business owners and executives,

other professionals, and neighborhood leaders. They

include a former United States Attorney for the

Northern District of California, a retired Chief of the

San Francisco Police Department, the former Chairman and CEO of Wells Fargo & Co., the CEO and

Chairman of Prologis, the President of Paramount

Hotels, senior members of leading foundations and investment firms, numerous small business owners and

employees, and many other community leaders and

stakeholders. A full list of amici appears as Appendix

A to this brief.

Amici hold widely varying views on many policy

issues, but they agree on the key aspects of this

case: San Francisco is facing a growing homelessness

crisis that endangers the City’s residents, businesses,

visitors, and homeless people themselves. A critical

tool in addressing that crisis is the enforcement of

common-sense public safety laws that prevent homeless encampments from taking over the City’s

streets. By holding that the enforcement of such laws

violates the Eighth Amendment, the Ninth Circuit

committed a serious legal error that will have devastating consequences for cities on the frontlines of the

homelessness crisis. Amici urge the Court to reverse

the flawed decision below.

Pursuant to Supreme Court Rule 37, amici affirm that no counsel for a party authored this brief in whole or in part, and no one

other than amici or its counsel made a monetary contribution

intended to fund the preparation or submission of the brief.

2

INTRODUCTION AND

SUMMARY OF ARGUMENT

This case involves a Ninth Circuit decision preventing Grants Pass, Oregon, from enforcing common

sense laws to address the dangers to public safety and

welfare created by homelessness—as well as to improve conditions for homeless people themselves. The

stakes of the Court’s decision, however, will reach far

beyond that single city. Throughout the West, local

governments, business leaders, and residents have

grappled with similar challenges and faced similar

obstacles in the wake of Martin v. City of Boise, 920

F.3d 584 (9th Cir. 2019). Reversing the Ninth Circuit’s profoundly flawed approach will not only help

restore order and opportunity in Grants Pass, but will

deliver much-needed relief to people in some of our

country’s most important and most troubled cities.

One of those places is San Francisco, which amici

are proud to call home. San Francisco combines spectacular natural beauty, vibrant culture and arts, and

a spirit of innovation that has endured from the Gold

Rush to the Tech Boom. Those features have attracted generations of residents, entrepreneurs, and

visitors. And the City has long prided itself on its

openness and tolerance, welcoming diverse ways of

life and points of view.

Unfortunately, San Francisco now faces a dire crisis arising from homelessness. In many parts of the

City, it is impossible to walk down the sidewalk or enter buildings because of homeless encampments—collections of tents and other personal belongings where

homeless people congregate to live and sleep. En-

3

campments are frequently sites of drug use and violence, endangering both passersby and homeless people themselves. And encampments create other

health and safety risks, ranging from fire to disease.

For too long, San Francisco’s leaders ignored—or

even encouraged—the homelessness crisis. While the

City’s policies may have reflected good intentions,

they were badly misconceived. There is nothing compassionate about abandoning homeless people to the

nightmare of encampments. It is not a hallmark of

progress to let addicts use drugs in public or defecate

on the streets. It is an abdication of the first duty of

government: to enforce the law and protect the people.

Spurred by business and civic groups, including

many of the amici joining this brief, San Francisco’s

leaders have finally started to grapple with the homelessness crisis. The City has devoted vast amounts of

resources to expanding shelter capacity, while beginning to enforce laws to reclaim public spaces for all

members of the community. But just as that belated

response has begun, a new obstacle has emerged.

In Martin, the Ninth Circuit held that a city’s enforcement of laws prohibiting public sleeping and

camping against “involuntarily” homeless people violates the Eighth Amendment. 920 F.3d at 617. Suits

followed against many cities throughout the West, including this suit against Grants Pass and one against

San Francisco. The Ninth Circuit panel in this case

reiterated and expanded Martin’s holding. Pet. App.

42a–55a. Then, relying on Martin and the panel decision in this case, the district court in Coalition on

Homelessness v. City & County of San Francisco enjoined San Francisco from enforcing laws prohibiting

4

similar practices, including two that were adopted by

city voters through referenda in 2010 and 2016. 1 The

Ninth Circuit recently affirmed the core aspects of

that injunction and paused the period for further review pending the Court’s decision in this case. 2

Accordingly, unless this Court reverses the decision below, San Francisco’s efforts to enforce critical

public safety laws will continue to be severely hampered. And the consequences will continue to be tragically predictable: a rise in crime, an exodus of downtown residents and businesses, a decline in tourism,

and—worst of all—even more miserable conditions

for the homeless.

There is no legal foundation for those dire results.

The Ninth Circuit’s decisions in this case, Martin, and

Coalition are an indefensible overreach. They have

no basis in the text or original meaning of the Eighth

Amendment, which cannot plausibly be read to bar

enforcement of public safety laws that impose modest

penalties for defined conduct—not a person’s status.

They violate principles of federalism and judicial restraint by allowing federal courts to displace the policy judgments of local leaders and voters who are closest to the problems. They conflict with the decisions

of other appellate courts—including the California

Supreme Court—upholding similar laws. And they

do not promote values of compassion or tolerance;

they make it more dangerous to live, work, and travel

1 Coal. on Homelessness v. City & Cnty. of S.F., 22-cv-05502, 2022

WL 17905114 (N.D. Cal. Dec. 23, 2022) (“Coalition”). This brief

cites the appellate excerpts of record (“ER”) in the Coalition case.

2 Coal. on Homelessness v. City & Cnty. of S.F., 90 F.4th 975

(2024); id. at Dkt. 98.

5

in our nation’s largest cities, and they ultimately

worsen life for the homeless themselves.

When a federal appellate court has enjoined state

and local laws on federal constitutional grounds, local

residents and businesses have nowhere to turn but

this Court. Amici urge the Court to reverse the egregious errors committed by the Ninth Circuit.

ARGUMENT

I.

San Francisco’s Experiences Demonstrate

The Dire Effect Of The Ninth Circuit’s

Rulings

Frank Lloyd Wright once called San Francisco “the

only city I can think of that can survive all the things

[that] people are doing to it and still look beautiful.” 3

The homelessness crisis, exacerbated by the Ninth

Circuit’s decisions, is testing that description. And diminishing the City’s appearance is only the beginning

of the problem. The constraints imposed by the Ninth

Circuit are creating intolerable safety risks and inflicting other profound costs on residents, businesses,

tourists, and homeless people themselves.

A.

San Francisco Faces An Increasingly

Dire Homelessness Crisis

Homelessness is not a new challenge in San Francisco. Amid the City’s vast cultural and economic

prosperity, some people have always lacked housing

for a complex range of reasons. Public and private

entities in the City have responded in different ways

Kevin Fisher-Paulson, SF Retains Beauty Despite All Our

Decorating,

S.F.

CHRON.

(Jan.

30,

2018),

https://tinyurl.com/2s4hky9w.

3

6

at different times, producing what can fairly be described as mixed results. But while the problem has

long persisted, it has generally been manageable.

That has changed. Over the past few years, homelessness in San Francisco has escalated into a crisis.

The problems of earlier eras—struggling people sleeping on park benches or outside shelters—have given

way to the new phenomenon of homeless encampments, where large numbers of people congregate for

extended periods, often with a substantial volume of

belongings. As a result, sidewalks, streets, and other

public spaces in many parts of the City are littered

with an array of tents, tarps, boxes, shopping carts,

cooking gear, trash heaps, spoiled food, suitcases, and

other paraphernalia. The image below (drawn from

the record in the Coalition suit against San Francisco)

is from the Embarcadero near Washington Street, one

of the tourism and commercial centers of the City.

7

Embarcadero near Washington Street 4

In some places, encampments create even more serious problems, obstructing walkways and blocking

entrances to schools, businesses, residences, health

clinics, pharmacies, grocery stores, public transportation, and other critical destinations.5 The result is to

make those places more difficult and dangerous—and

in some cases impossible—to access, posing severe

challenges for daily living. The obstructions also force

more pedestrians (including those with strollers or

wheelchairs) into the streets, where they face greater

4 Coalition, 2-ER-120.

5 See e.g., Lezla Gooden, SF Apartment Building Seeks Help as

Homeless Encampment Grows Underneath, CBS NEWS BAY

AREA (July 19, 2023), https://tinyurl.com/ycynt574.

8

danger from vehicles.6 One of many examples is depicted below.

Erie Street between SOMA and the Mission 7

In effect, a significant number of San Francisco’s

public spaces have been converted into unofficial

open-air public housing facilities. That transformation has far-reaching negative effects. For one, illegal drug use and attendant crime thrive within

homeless encampments, fueling the deadly fentanyl

epidemic and creating new health risks through discarded needles and drugs—some of which end up in

playgrounds or other areas accessible to children. 8

6 SF Neighborhood Group Installs Planters Along Sidewalk Once

Taken Over by Homeless Encampment, CBS NEWS BAY AREA

(June 13, 2023), https://tinyurl.com/49ucrtdc.

7 Coalition, 2-ER-179.

8 Dion Lim, Drug Dealing, Defecation, Debris: SF Street Causing

‘Chaos’ for Homeowners, Businesses, ABC 7 NEWS (June 23,

2023), https://tinyurl.com/2k2he3rn; Mallory Moench, Dad

Reveals Horrific Details of Baby’s Reported Fentanyl Overdose at

S.F.

Playground,

S.F.

CHRON.

(Nov.

30,

2022),

https://tinyurl.com/46few9nn; Andrea Cavallier, Inside San

9

Homeless encampments also lack most elements of

modern sanitation. A recent filing by the City described its collection from an encampment of “items

(including bedding and clothing) soiled by infectious

or hazardous materials, including human waste, body

fluids, mold and mildew, as well as items infested by

rodents and insects, such as rats, mice, fleas, lice and

bed bugs.” 9 Such conditions require homeless people

to endure unthinkable hardships, repel residents and

visitors from approaching, and contribute to the

spread of communicable diseases like tuberculosis. 10

Encampments create other physical risks as well.

They are frequently sites of violence and harassment,

both for passersby and those in the encampments. 11

Francisco’s Open Air Drug Market, DAILY MAIL (Jan. 25, 2022),

https://tinyurl.com/yz77b8kz; Erin McCormick, The Daily Battle

to Keep People Alive as Fentanyl Ravages San Francisco’s

Tenderloin,

THE

GUARDIAN

(Apr.

23,

2022),

https://tinyurl.com/mr2r44ab.

9 Coalition, 5-ER-1047.

10 Caroline J. Waddell et al., Possible Undetected Mpox Infection

Among Persons Accessing Homeless Services and Staying in

Encampments — San Francisco, California, October–November

2022, CTRS. FOR DISEASE CONTROL & PREVENTION: MORBIDITY

AND

MORTALITY

WKLY.

REP.

(Mar.

3,

2023),

https://tinyurl.com/2s3b9e8t; C.Y. Liu et al., Communicable

Disease Among People Experiencing Homelessness in California,

148

EPIDEMIOLOGY

&

INFECTION

e85

(2020),

https://tinyurl.com/4dan2jvk.

11 Da Lin, ‘Coming to the City, I'm Sorry, It's Scary’; Safety Fears

Linger in Wake of a Violent Week in San Francisco, CBS NEWS

BAY AREA, (Apr. 8, 2023), https://tinyurl.com/3ncyxpnd; Maureen

Kelly, San Francisco Business Owner Considering Closing Shop

After Being Bitten by Homeless Person Twice, KRON4 (Sept. 10,

2019), https://tinyurl.com/5h2e9ukm.

10

Additionally, the use of open flames in encampments—for cooking, warmth, and drug use—creates

fire hazards.12 In recent months, several fires started

in encampments have spread to other parts of the

community, destroying property and endangering

lives.13 Eight hundred fires have been linked to homeless encampments in 2023, causing millions of dollars

in property damages. 14 San Franciscans with disabilities have suffered greatly, as encampments frequently obstruct sidewalks.

The proliferation of encampments has been devastating to San Francisco’s business and working communities. The ever-expanding roster of companies reducing operations or fleeing the City includes commercial leaders like T-Mobile, AT&T, Banana Republic, Old Navy, Whole Foods, Nordstrom, Disney, Gap,

and Office Depot.15 In the iconic Union Square neighborhood alone, “[a]t least 22 big-name businesses

12 Betty Yu, Homeless Encampment Fires Plague Residents of

San Francisco Tenderloin District Building, CBS NEWS BAY

AREA (June 27, 2023), https://tinyurl.com/mw9skjt7; Dan Thorn,

Homeless Encampment Fire Destroys Woman’s Car in San

Francisco, KRON4 (July 28, 2023), https://tinyurl.com/yc4p833j.

13 Michael Thomas et al., Residents: We Warned SF City Leaders

Before

Massive

Fire,

KRON4

https://tinyurl.com/ned4r4c6.

(Aug.

2,

2023),

14 Josh Koehn & David Sjostedt, Homeless encampment fires in

San Francisco doubled over 5 years, causing millions in damage,

S.F. STANDARD (Feb. 7, 2024), http://tinyurl.com/5n6jjmws.

Joshua Rhett Miller, Old Navy to Nordstrom: Half of Retailers

Fleeing Downtown San Francisco, NY POST (June 21, 2023),

https://tinyurl.com/9jjj29us; Henry O’Loughlin, Every Business

Leaving San Francisco, BUILD REMOTE (2020–2023) (Sept. 3,

15

11

have closed or announced plans to flee the area since

January 2022.” 16 And things are only getting worse;

the City has already lost six major 2024 conferences

sponsored by large technology companies, including

Google, Meta, and Samsung.17 Predictably, San Francisco’s hotels have paid a heavy price and since October 2022, at least two San Francisco hotels have been

sold at foreclosure auctions and one hotel owner was

forced to surrender nearly 3,000 rooms after defaulting on a loan.18

Small businesses have been especially hard hit.

The owner of a small grocery store was bitten on two

separate occasions by homeless people and forced to

2023), https://tinyurl.com/3sruvfpk; Alex Bitter & Jordan Hart,

Nordstrom Closes Flagship Location as Office Vacancies and

Fears of Crime Rise in San Francisco, BUSINESS INSIDER (Aug.

29, 2023), http://tinyurl.com/6t73n2jd; Miles Dilworth, San

Francisco Exodus Gather Pace: T-Mobile Shutters Flagship Store

After Nordstrom And Saks Off Fifth Shut-Up Shop, DAILY MAIL

(May 8, 2023), https://tinyurl.com/3p47r82e; James Gordon, San

Francisco Whole Foods Made More Than 560 Emergency Calls

Over 13 Months After Rampant Drug Use In Restrooms, People

Defecating On The Floor, Violence Towards Staff, DAILY MAIL

(May 1, 2023), https://tinyurl.com/mr3y6b5p.

16 Miller, supra note 15.

17 Stephen Council, Downtown San Francisco is Losing a Bunch

of tech Conferences, Report Says, SFGATE (Feb. 5, 2024),

http://tinyurl.com/56avme3b.

18 Roland Li, S.F.’s Hotel Pain Could Spread as More than 30

Owners Face Mortgages Deadlines, S.F. CHRONICLE (Jun. 7,

2023), http://tinyurl.com/4cejpj25; Sam Whiting, S.F.’s Historic

Huntington Hotel Has Been Sold, S.F. CHRONICLE (Mar. 20,

2023), https://tinyurl.com/mrar2b5r; Sam Mauhay-Moore, S.F.

Micro-Hotel Yotel Acquired for $62M in Foreclosure Auction, S.F.

GATE (Oct. 13, 2022), http://tinyurl.com/3ubb3b5e.

12

replace the store’s backdoor after it was corroded by

urine.19 The owners of multiple stores have been attacked by homeless people near their businesses, including one person who was beaten after asking a

man to stop urinating in the street. 20 A neighborhood

bike shop recently announced that it made the “tough

decision to close” after “repeated break-in attempts

over the last year, and more broken windows than we

can count.” 21 The owners of a dog daycare center are

facing the same choice because “homeless people are

leaving needles and feces on their front door” and

“threatening people as they walk in.” 22 One owner of

a restaurant impacted by the proliferation of homeless encampments along the popular Van Ness Avenue has “described people routinely defecating on the

sidewalk and sometimes coming into his restaurant

yelling and throwing items during lunchtime” and

has complained that “the city’s inability to respond to

filth and criminal activity has deterred customers,

19 William Cole, San Francisco Grocery Store Owner Considers

Closing His Store After Being Bitten by a Homeless Person for the

Second Time in Four Months, DAILY MAIL (Sept. 11, 2019),

http://tinyurl.com/34rj5k3v.

20 Candy Store Owner, Employee and Customer Attacked at San

Francisco

Store,

KTVU

(Sept.

28,

2023),

http://tinyurl.com/yc7ejnf8; Patrick Reilly, San Francisco Shop

Owner Slugged in the Face After Asking Man to Stop Urinating

in Street, NY POST (Jul. 22, 2023), http://tinyurl.com/yc2xmvyx.

21 Katy Grimes, San Francisco Collapse: More Store Closures,

Lawlessness, Drugs, Homeless, CAL. GLOBE (May 11, 2023),

https://tinyurl.com/2z7v5fn8.

Justine Waldman, SF Business Owners Concerned About

Homeless

Near

Store,

KRON4

(May

23,

2023),

https://tinyurl.com/4dx6czj7.

22

13

prompting him to consider taking legal action or leaving the city entirely.” 23 Countless other closures have

deprived communities of needed commerce and workers of their livelihoods. One retailer spoke for many

when it recently took out a full-page newspaper ad admonishing the City for “allowing the homeless to occupy our sidewalks, to openly distribute and use illegal drugs, to harass the public[,] and to defile the

city’s streets.” 24

B.

San Francisco’s Attempts To Address Its

Homelessness Crisis Have Been Undermined By The Ninth Circuit

As the homelessness crisis has escalated, San

Francisco residents have responded. They have supported massive public expenditures—$672 million

last year alone—to expand shelter capacity, fund new

public housing, and provide direct financial assistance to the homeless. 25 They have provided commonsense legal tools for City officials to use in addressing

homelessness, such as a public ordinance adopted by

referendum in 2016 that makes it “unlawful to place

an [e]ncampment upon a public sidewalk.” 26 They

have urged City officials to enforce that and other

David Sjostedt, San Francisco homeless encampments:

Tensions boil over on one of city’s busiest streets, S.F. STANDARD

(Oct. 20, 2023), http://tinyurl.com/mt2rj9eu.

23

24 Isabel Keane, Luxury San Francisco store may close after 166

years due to ‘litany of destructive’ policies making the city

‘unlivable’,

N.Y.

POST

(Aug.

16,

2023),

https://tinyurl.com/5n7ctk5v.

25 Coalition, 5-ER-1040–1042.

26 S.F., Cal., Police Code § 169(c).

14

laws to reclaim public spaces for the whole community. And when officials have refused, residents have

replaced them at the ballot box.27

After delaying for far too long, San Francisco’s

leaders started to address the problem. Using the

2016 encampment ordinance and other public safety

laws that prohibit camping or sleeping in public

places, the City began cleaning up several homeless

encampments per week.28 Before cleaning up any encampment, City personnel offer a range of services to

those affected, including assisting homeless people in

finding shelter.29 After encampments are cleared and

public access restored, the City retains any belongings collected for return to homeless people who left

them behind. 30

Just as those efforts started to yield progress,

however, the Ninth Circuit’s decisions have emerged

as a new obstacle. In Martin, the Ninth Circuit held

that a city’s enforcement of laws prohibiting public

sleeping and camping against “involuntarily” homeless people—a term that the decision does not define—violates the Eighth Amendment. 920 F.3d at

617. The court expanded that holding in the decision

below, allowing a class action and permitting an injunction based on even civil enforcement. See Pet.

See, e.g., San Francisco District Attorney Chesa Boudin

Recalled, 136 HARV. L. REV. 1740, 1741–43 & n.12 (2023).

27

28 Coalition, 5-ER-1052.

29 Id.

30 Id.at 1066.

15

App. 135a–136a (statement of Graber, J., respecting

the denial of rehearing en banc).

Predictably, a wave of similar suits has followed

against cities throughout the West, and beyond.31 See

Appendix B, infra (compiling list of suits). One of

those suits was filed by the Coalition on Homelessness, seeking to enjoin San Francisco from enforcing

similar laws. It succeeded. Relying on Martin and

the panel decision in this case, a district court granted

a sweeping preliminary injunction that prohibits San

Francisco from enforcing or threatening to enforce

against anyone deemed “involuntarily” homeless a

host of provisions, including the 2016 encampment ordinance, a 2010 ordinance enacted by referendum

that prohibits sitting or lying on public sidewalks during the daytime, and three sections of the California

Penal Code that prohibit occupying or obstructing

public property.32

In addition to sparking a flurry of lawsuits, the legal

uncertainty stemming from Martin has led at least one city

outside the Ninth Circuit to voluntarily cease enforcement of its

anti-camping ordinances. Following Martin, the City Council of

Austin, Texas repealed the city’s ban on homeless encampments

in 2019. Philip Jankowski, U.S. Supreme Court Lets Stand

Ruling That Was Backbone of Austin’s Camping Ban Repeal,

AUSTIN

AMERICAN-STATESMAN

(Dec.

16,

2019),

http://tinyurl.com/y2fz5nd2 (citing Martin as “influential” in the

City Council’s decision). Two years later, however, Austin voters

voted decisively to reverse the city council and reinstate the ban.

Ryan Autullo, Austin Voters Choose to Bring Back Homeless

Camping Ban, AUSTIN AMERICAN-STATESMAN (May 1, 2021),

http://tinyurl.com/mjmw56ad (noting that voters voted to

reinstate the ban by a 15 percent margin). Sadly, San Francisco

voters have no such recourse.

31

32 Coalition, 2022 WL 17905114 at *7.

16

San Francisco appealed from the grant of the injunction, primarily arguing that the district court

adopted too broad a reading of “involuntary” homelessness.33 Though the Ninth Circuit acknowledged

that the district court failed to clearly state that the

injunction applied only to those who would be considered “involuntarily” homeless under circuit precedent, the court remanded to give the district court an

opportunity to “clarify” its language while leaving the

injunction in place. 34

As a result, San Francisco’s efforts to address

homeless encampments have been sharply curtailed.

Predictably, the constraints imposed by the injunction have reversed the progress that the City was

making and fueled the crisis described above. To take

just one recent example, City officials were unable to

remove a homeless encampment in the Tenderloin

neighborhood even after a fire that started in the encampment burned down a community laundromat

and endangered a large apartment building full of

tenants.35 Residents sought police help given that the

“fires started right underneath [their] house,” but lamented that “[t]he police do nothing because they say

the injunction prevents them from clearing that

camp.” 36 The injunction exacerbates the problem in

33 Coalition, ECF 11, 51, 54, 57, 68.

34 Coal. on Homelessness v. City & Cnty. of San Francisco, No.

23-15087, 2024 WL 125340, at *1 (9th Cir. Jan. 11, 2024).

35 Wilson Walker, Homeless Encampment Sweeps Are Just One

Aspect of a System Not Working for SF Residents, CBS NEWS BAY

AREA (Aug. 23, 2023), https://tinyurl.com/3x6ebw9v.

36 Id.

17

other ways as well; it allows criminals to turn encampments into safe havens for drug dealing, prostitution, and other forms of illicit conduct under the

guise of being “involuntarily homeless.” Moreover,

the injunction harms some of San Francisco’s most

vulnerable citizens: those with disabilities. The injunction has prohibited the enforcement of laws that

“permit San Francisco police officers to make an arrest when a person or the person’s belongings ‘obstruct[a] passageway such that a person using a

wheelchair would be unable to pass.’” 37

Under the Ninth Circuit’s rulings, San Francisco

and other cities have been barred by federal courts

from enforcing state and local laws to address “the defining public health and safety crisis in the Western

United States.” Pet. App. 138a (M. Smith, J., dissenting from the denial of rehearing en banc). The results

will be felt “not merely by cities, but block by block,

building by building, doorway by doorway,” where

residents and businesses are having their lives endangered and livelihoods destroyed. Id. at 161a

(Bress, J., dissenting from the denial of rehearing en

banc).

This disturbing reality has not gone unnoticed by

state and local policymakers, who have pleaded for

help from this Court to save San Francisco, including

by filing amicus briefs in this case.38

Coal. on Homelessness, 90 F.4th at 997 (Bumatay, J.,

dissenting) (quoting S.F. Police Dep’t Bull. A-19-080 (Apr. 16,

2019)).

37

See, e.g., Brief for California Governor Gavin Newsom as

Amicus Curiae Supporting Petitioner 10–11 (filed Sept. 22,

38

18

II. The Ninth Circuit’s Decision Is Wrong

It would be one thing if the burdens imposed by

the Ninth Circuit were required by the Constitution;

amici cherish the protections of the Bill of Rights and

recognize that enforcing those safeguards sometimes

has costs. But as petitioner and the dissenting judges

in this case, Martin, and Coalition explain in detail,

the Ninth Circuit’s decisions have no basis in the

Eighth Amendment as written, originally understood,

or interpreted by this Court.

A.

The Eighth Amendment Does Not Prohibit State Or Local Governments From

Punishing Proscribed Conduct

The Eighth Amendment prohibits the infliction of

“cruel and unusual punishments.” By its terms, that

Clause “expresses a substantive constraint on the

kinds of punishments governments may ‘inflict.’”

Jones v. Hendrix, 599 U.S. 465, 488 (2023) (alteration

omitted). It “proscribes … barbarous and out-of-use

punishments” but does not address the scope of what

governments may criminally or civilly prohibit. Coal.

2023) (discussing the “affirmative[] harm[]” Martin has caused

San Francisco’s efforts to improve); Brief for Amici Curiae City

and County of San Francisco and Mayor Breed in Support of

Petitioner (filed Sept. 22, 2023); Jeremy B. White, Newsom

Urges SCOTUS to Consider Encampment Ruling That Has

‘Paralyzed’ California Cities, POLITICO (Sept. 22, 2023),

http://tinyurl.com/rpcf9fud (quoting California Gov. Gavin

Newsom as saying of the Ninth Circuit’s jurisprudence, “I hope

this goes to the Supreme Court, and that’s a hell of a statement

for a progressive Democrat . . . . It’s gone too far. People’s lives

are at risk.”).

19

on Homelessness, 90 F.4th at 991 (Bumatay, J., dissenting).

That reading of the Eighth Amendment’s text reflects its history and original understanding. The

Cruel and Unusual Punishments Clause “has always

been considered, and properly so, to be directed at the

method or kind of punishment imposed for the violation of criminal statutes.” Ingraham v. Wright, 430

U.S. 651, 667 (1977) (emphasis added). “There is

simply no indication in the history of the Eighth

Amendment that [it] was intended to reach the substantive authority of Congress” or state and local governments to determine the scope of criminal or civil

prohibitions. Martin, 920 F.3d at 602 (Bennett, J.,

dissenting from the denial of rehearing en banc).

This Court has applied the Eighth Amendment to

the substantive scope of criminal prohibitions in just

one narrow context. In Robinson v. California, 370

U.S. 660 (1962), the Court held that the Cruel and

Unusual Punishments Clause barred enforcement of

a state statute that made it a misdemeanor for a person “to be addicted to the use of narcotics.” Id. at 660

n.1, 666–67. The Court emphasized that a neighboring provision of the same statute that prohibited the

“use” of narcotics was permissible. Id. at 664. In

short, the Court held that the Eighth Amendment

prohibits criminalizing status but permits criminalizing conduct. Id. at 666–68.

That distinction was reiterated in Powell v. Texas,

392 U.S. 514 (1968), which involved a state law prohibiting public intoxication. The plurality opinion explained that the statute did “not fall within th[e] hold-

20

ing” of Robinson, because the defendant “was convicted, not for being a chronic alcoholic, but for being

in public while drunk on a particular occasion.” Id. at

532. Accordingly, Texas had “not sought to punish a

mere status, as California did in Robinson.” Id. Rather, it had “imposed upon [the defendant] a criminal

sanction for public behavior which may create substantial health and safety hazards, both for [him] and

for members of the general public, and which offends

the moral and esthetic sensibilities of a large segment

of the community.” Id. That was “a far cry from convicting one for being an addict.” Id. at 532.

In the ensuing decades, this Court has “never wavered from the decision in Robinson and the statusact distinction that it articulated.” Manning v. Caldwell, 930 F.3d 264, 288 (4th Cir. 2019) (en banc) (Wilkinson, J., dissenting). That does not mean that voluntariness has no place in determining liability. The

“centuries-long” criminal-law requirement of a voluntary act, along with familiar defenses like necessity

and duress, protect against the misapplication of responsibility for conduct that a person cannot avoid.

Powell, 392 U.S. at 535–36 (plurality opinion). Critically, however, definition of those requirements and

defenses is “the province of the States” and Congress,

not federal courts. Id. at 536; see, e.g., William J.

Stuntz & Joseph L. Hoffman, DEFINING CRIMES 53

(2011) (“[I]nsofar as the principle of voluntariness is

respected, it is respected by the terms of state and federal criminal statutes, not federal constitutional

law.”).

21

B.

The Ninth Circuit Badly Misinterpreted

the Eighth Amendment

The Ninth Circuit’s holdings in this case and Martin defy those well-established constitutional principles. The decisions do not even attempt to establish

that the text or original meaning of the Eighth

Amendment forecloses the enforcement of laws

against sleeping in, camping in, or otherwise obstructing access to public spaces. Nor do the decisions

suggest that the state and local laws at issue expressly criminalize status in the way that the law in

Robinson did; to the contrary, the panel here recognized that the laws “prohibit [respondents] from engaging in activity.” Pet. App. 46a (emphasis added).

The Ninth Circuit’s decisions instead rest on the

proposition that the Eighth Amendment prohibits

criminalization of “conduct that is involuntary or the

product of a ‘status.’” Pet. App. 47a (quoting Martin,

920 F.3d at 617). But that reasoning collapses the

status/conduct distinction that this Court articulated

in Robinson and has adhered to ever since. By the

Ninth Circuit’s logic, statutes prohibiting the use of

narcotics would violate the Eighth Amendment if the

user’s conduct was “the product of” an addiction. Id.

But this Court rejected precisely that line of argument in Robinson, see 370 U.S. at 664, and has never

accepted it since.

The Ninth Circuit purported to draw support for its

position from Justice White’s opinion concurring in

the judgment in Powell, along with the dissents in

that case. See Martin, 920 F.3d at 616. But that approach represents a “startling misapplication of” this

Court’s rules on interpreting its own decisions. Pet.

22

App. 125a (statement of O’Scannlain, J.). As noted,

the result of Powell was to reject the argument that

Texas’s public-intoxication statute was invalid because it punished conduct resulting from addiction.

There is no valid way to get from that decision to the

Ninth Circuit’s position that Powell supports invalidating the laws at issue here. See id. at 125a–128a.

With no foundation in the Eighth Amendment, the

Ninth Circuit’s holding effectively amounts to recognition of an unenumerated constitutional right to

sleep and camp on public property in at least some

circumstances. But “[u]nder well-settled precedent,”

such a right may be recognized only if it is so “rooted

in the traditions and conscience of our people as to be

ranked as fundamental.” Kahler v. Kansas, 140 S. Ct.

1021, 1027 (2020). The Ninth Circuit did not attempt

to show that the right it recognized meets that standard, and no such showing is possible. After all, “[l]aws

prohibiting loitering and vagrancy have been a fixture

of Anglo–American law at least since the time of the

Norman Conquest.” City of Chicago v. Morales, 527

U.S. 41, 103 (1999) (Thomas, J., dissenting). And, as

demonstrated by the wave of litigation in the wake of

Martin, such laws remain highly prevalent today.

The Ninth Circuit’s position also lacks any meaningful limiting principle. The court’s rationale in

Martin was that constitutional protection extends to

“acts or conditions [that] are universal and unavoidable consequences of being human,” on the basis that

“any conduct” arising from such conditions “is involuntary and inseparable from status.” 920 F.3d at

616–17. The court has applied that principle to strike

down laws prohibiting public sleeping because “human beings are biologically compelled to rest.” Id.; see

23

Pet. App. 46a–48a. But the logic of the Ninth Circuit’s

position hardly stops there. Indeed, as Judge Bumatay observed, the panel majority in Coalition upheld

a preliminary injunction on the enforcement of laws

“forbidding lying on the sidewalk at certain hours,

preventing camping or erecting structures, and banning the obstruction of parks, squares, streets, and

highways.” Coal. on Homelessness, 90 F.4th at 999

(Bumatay, J., dissenting). The enjoined laws were intended to “restrict activities in certain ways, at certain times, and in certain places,” rather than simply

prohibiting the act of public sleeping. Id.

The biologically compelled consequences of being

human extend beyond sleeping to include, for example, expelling bodily waste. “By holding that the

Eighth Amendment proscribes the criminalization of

involuntary conduct,” the Ninth Circuit’s reasoning

thus seems to “inevitably result in the striking down

of laws that prohibit public defecation and urination.”

Martin, 920 F.3d at 596 (M. Smith, J., dissenting from

the denial of rehearing en banc).

The reasoning can be extended even further. If

cooking food with open flames and campfires is in service of biologically compelled needs, such conduct

might also fall within the Ninth Circuit’s rationale.

Use of drugs in public by a person with a biologically

rooted addiction might too. See, e.g., Manning, 930

F.3d at 292–93 (Wilkinson, J., dissenting) (discussing

the “staggering” consequences of discarding the status/conduct distinction, including possible invalidation of laws prohibiting child molestation and domestic violence against offenders who have addictions).

24

Nor is Martin’s rationale logically limited to sleeping or camping in outdoor spaces such as public parks

and sidewalks. The same reasoning seemingly could

justify a right of involuntarily homeless individuals to

sleep or camp in public buildings. Indeed, Martin

held that Boise could not issue citations for “sleeping

in a public restroom.” Martin, 920 F.3d at 618.

The breadth of the Ninth Circuit’s reasoning confirms its error. As Justice Marshall’s plurality opinion in Powell stressed, the Court’s holding in Robinson reaches “but a very small way into the substantive

criminal law.” 392 U.S. at 533. “[U]nless Robinson is

so viewed it is difficult to see any limiting principle

that would serve to prevent this Court from becoming,

under the aegis of the Cruel and Unusual Punishment

Clause, the ultimate arbiter of the standards of criminal responsibility, in diverse areas of the criminal

law, throughout the country.” Id. The Ninth Circuit’s

position leads to precisely that impermissible result.

C.

The Ninth Circuit’s Decisions Undermine Core Principles of Federalism and

Judicial Restraint

The Ninth Circuit not only misreads the Constitution; it does so in a way that undermines core principles of federalism and judicial restraint. “Under our

federal system, state and local leaders—not distant

federal judges—are primarily entrusted with the

power and duty to protect the common welfare of our

towns, cities, and neighborhoods, and to ensure that

our streets, squares, and sidewalks remain clean and

safe.” Pet. App. 133a (statement of O’Scannlain, J.).

The basis for state and local “legislative responsibility

25

over criminal law is fundamental: the criminal law exists to protect the safety of citizens, and ensuring the

safety of the people is one of those things that popular

government exists to do.” Manning, 930 F.3d at 297

(Wilkinson, J., dissenting); see Roberts v. Louisiana,

431 U.S. 633, 646 (1977) (Rehnquist, J., dissenting)

(“[T]he State has an interest in protecting its citizens … this surely is at the core of the Lockean ‘social

contract’ idea.”).

By prohibiting cruel and unusual punishments,

the Eighth Amendment expressly recognizes the primacy of legislative judgments and the “essential considerations of federalism.” Powell, 392 U.S. at 535

(plurality opinion); see Gregg v. Georgia, 428 U.S. 153,

175 (1976) (“[T]he constitutional test is intertwined

with an assessment of contemporary standards and

the legislative judgment weighs heavily in ascertaining such standards.”); Kennedy v. Louisiana, 554 U.S.

407, 462 (2008) (Alito, J., dissenting) (“Our cases have

cautioned against using the aegis of the Cruel and

Unusual Punishment Clause to cut off the normal

democratic processes.” (internal quotation omitted)).

Thus, “in assessing a punishment selected by a democratically elected legislature against” an Eighth

Amendment challenge, “a heavy burden rests on

those who would attack the judgment of the representatives of the people.” Gregg, 428 U.S. at 175.

Given those constitutional principles, courts

should take care to avoid “significantly limit[ing] the

States in their efforts” to address “a widespread and

important social problem” such as homelessness “by

announcing a revolutionary doctrine of constitutional

law that would also tightly restrict state power to deal

with a wide variety of other harmful conduct.” Powell,

26

392 U.S. at 537 (Black, J. concurring).39 “Diversity …

is the very raison d’être of our federal system,” and

the Eighth Amendment should not be understood to

“disabl[e] the States from … responding to changed

social conditions.” Harmelin v. Michigan, 501 U.S.

957, 990 (1991) (opinion of Scalia, J.). Rather, “in the

face of [] uncertainty, … courts should pay particular

deference to reasonable legislative judgments.” Jones

v. United States, 463 U.S. 354, 365 n.13 (1983).

The Ninth Circuit squarely defied those admonitions in Martin, Coalition, and this case. In all three

cases, panels of three federal appellate judges countermanded the judgments of local officials who are entrusted by voters to make policy decisions and who experience the effects of the homelessness crisis in their

communities every day. As Judge O’Scannlain aptly

observed, “[i]t is easy enough for [judges], behind marble walls and sealed doors, to dismiss the consequences of our decisions.” Pet. App. 132a. “But for

those who call these communities home—who must

live by the criminal violence, narcotics activity, and

Indeed, the Ninth Circuit’s position contradicts the California

Supreme Court’s holding in Tobe v. City of Santa Ana, 892 P.2d

1145 (1995). In Tobe, homeless residents of Santa Ana sought to

enjoin enforcement of that city’s ordinances barring camping on

public streets, arguing that it was impermissible punishment of

the involuntary status of being homeless. Id. at 1166. The

California Supreme Court expressly rejected the argument,

holding that Robinson and Powell “ma[ke] clear … that

punishing the conduct of using or possessing narcotics, even by

an addict, is not impermissible punishment for status” and that

“the Supreme Court has not held that the Eighth Amendment

prohibits punishment of acts derivative of a person’s status.” Id.

39

27

dangerous diseases that plague the homeless encampments buttressed by our decisions—the consequences

of our judicial arrogation are harder to accept.” Id.

Indeed, while the Ninth Circuit’s decisions

sharply constrain the ability of state and local governments to protect their communities, the federal government has been able to cope so far with the effects

of the San Francisco crisis by spending millions of dollars on “improvements” to the area outside of the San

Francisco Federal Building, including a “galvanized

steel fence to keep the plaza free of drug users and the

unhoused.” 40 The federal government has also allowed its employees stationed in downtown San Francisco to work from home.41

Of course, most residents and businesses in San

Francisco are not able to escape the problem so easily.

For that reason, too, “[i]t is hard to imagine a jurisprudence that combines so little regard for the sacred

words of the Constitution, with so much disregard for

the state and local authorities that our constitutional

system entrusts as the primary protectors of the

health, safety, and welfare of our communities.” Pet.

App. 133a (statement of O’Scannlain, J.).

Lyanna Melendez, Some Federal Employees in SF Asked to

Work From Home Amid Drug, Crime Concerns: Report, ABC 7

NEWS (Aug. 14, 2023), https://tinyurl.com/bdew9zdk.

40

41 See Megan Cassidy, Crime Is So Bad Near S.F. Federal Build-

ing Employees Are Told to Work From Home, Officials Said,

S.F. CHRON. (Aug. 11, 2023), https://tinyurl.com/58xdxcdu; Jonah Lamb, Bloody Sidewalks, Knife Attacks and a Corpse: What

Workers Face Outside San Francisco Federal Building, S.F.

STANDARD (Sept. 8, 2023), https://tinyurl.com/9a7t9xfm.

28

Amici accordingly urge the Court to reverse the

decision below which has had profound negative effects on residents, businesses, workers, and others in

San Francisco and similar cities throughout the West.

CONCLUSION

The Court should reverse the decision below.

Respectfully submitted.

CHRISTOPHER G. MICHEL

TERRENCE L. GEORGE

QUINN EMANUEL URQUHART Counsel of Record

RACHEL G. FRANK

& SULLIVAN, LLP

MICHAEL SEBRING

191 N. Wacker Drive

QUINN EMANUEL URQUHART

Suite 2700

& SULLIVAN, LLP

Chicago, IL 60606

1300 I Street, N.W.

Suite 900

Washington, D.C. 20005

(202) 538-8308

christophermichel@

quinnemanuel.com

Counsel for Amici Curiae

March 4, 2024

APPENDIX

1a

APPENDIX TABLE OF CONTENTS

Page

APPENDIX A

List of Amici Curiae ........................................ 2a

APPENDIX B

Lawsuits Filed Under Martin v. City of

Boise and Johnson v. Grants Pass ............... 15a

2a

APPENDIX A

List of Amici Curiae

Business Owners, Executives, and Companies

Aisling Ferguson (Business Owner)

Alex Rosen (Managing Partner, Ridge Ventures)

Alexander R. Mehran (Chairman, Sunset

Development Company)

Alexander Rosen (Managing Partner, Ridge

Ventures)

Alicia Strzodka (Property Owner)

Amy Devereux (Owner, Amy Design)

Anqi Zhang (CEO, Bidirectional Energy)

Arthur Patterson (Founder, Accel Partners)

Barbara J. Dwyer (Owner, Dolores Park Properties)

Bill Fisher (Founder, Manzanita Capital)

Bill Poland (Founder and Principal, Bay West

Group)

Brian Mullin (Co-Founder and Executive Creative

Director, Manifold)

Carole McNeil (Owner and Chairman, McNeil

Capital, LLC)

Carrie Pomerantz (Business Leader)

Christopher J. Ewers (Managing Director, Marsh

Risk & Insurance Services)

Cyris Sanandaji (Founder and Managing Principal,

Presidio Bay Ventures)

Dana M. Emery (Chair and CEO, Dodge & Cox)

Danny Conway (Managing Partner, Niche Capital)

David Butler (Owner, Butler Cues)

David Rogers (Owner, ConvertClick Digital

Analytics)

David Sage (Small Business Owner)

David Zhang (Business Executive)

3a

Diane Morris (Chairman, Morris Capital

Management)

Ditka Reiner (Woman Owned Small Business

Executive)

Don Papa (President, OTA)

Doug Biederbeck (Owner, Bix Restaurant and Florio

Restaurant)

Douglas J. Durkin (President, Douglas Durkin

Design, Inc.)

Douglas Wolf (Managing Director, PCG Equity, Inc.)

Dr. Michael Waclawiczek (Retired Senior Software

Executive)

Eduardo Sagues (Head of Development, March

Capital Management)

Elizabeth Everdell (Principle and CEO, Everdell

Garden Design)

Elliot Scharge (Founder, Ad Hoc Ventures LLC)

Gary Shansby (Former CEO, San Francisco based

Company)

Hamid Moghadam (Co-Founder, CEO & Chairman

of Prologis)

Hendy Dayton (Small Business Owner)

Hugh Scott (Executive Managing Director, Jones

Lang LaSalle)

Jackie Safier (President, Helen Diller Foundation)

James Mann (Senior Vice President, UBS)

James Sangiacomo (Principal, Trinity Properties)

Jay Jeffers (CEO and Owner, Jay Jeffers, Inc.)

Jean-Pierre L.Conte (Chairman and Managing

Partner, Genstar Capital, L.P.)

Jeff Jurow (Business Owner and Member, Marina

Community Association)

John Adair (Managing Partner, Glencrest Group)

4a

John Bryant (CEO, Building Owners and Managers

Association San Francisco)

John Philip Coghlan (Chairman, Life360)

John Pritzker (Geolo Capita)

Jon Dayton (Managing Director, Alex Brown)

Justin Hughes (Founder, Phase 2 Partners)

Kabir Seth (COO, Presidio Bay Ventures)

Katherine August DeWilde (Independent Corporate

Board Member and C-Suite Executive)

Katherine Stiggelbout (Owner, In Flow)

Kevin Russell (CEO, Centric Construction, Inc.)

Kristi Major (Owner, KristiFit)

Lee Wittlinger (Business Leader)

Lucy Junus (Founder, Lucy Junus Interior Design)

Luis A. Belmonte (Co-CEO, Seven Hills Properties)

Margaret Liu Collins (CEO and Founder, Liu

International Management LLC and Gig Media

LLC)

March Capital Management

Mark Conroe (Managing Partner, Presidio

Development Partners LLC)

Mark Lerdal (President, Global X Digital)

Mark Sugarman (President, Banks & Sugarman)

Matt Aljets (President, MDA Brokerage Corp)

Matt Brewer (Owner, Back Home Hospitality)

Matthew Stern (Managing Partner of Deca

Companies)

Matthew C. Sheridan (Business Owner)

Matthew Zitzmann (CEO, Garage AI, Inc.)

Max Rhodes (CEO, Faire)

Megumi Mansfield (Director of Revenue Operations,

Resilience)

Michael Covarrubias (TMG Partners)

Michael Green (CEO, Virtu Investments)

5a

Mike Cagney (Founder and CEO, Figure

Technologies)

Mike Lin (Founder, Punk Rock Camp)

Ned Segal (Technology Executive and Board

Director)

Oz Erickson (Chairman, Emerald Fund, Inc.)

Peter Dwares (President, Dwares Groupfeduar)

Peter Reinhardt (CEO and Co-founder, Charm

Industrial)

Peter Yorke (CEO, Voyomotive, LLC)

Phil West (Managing Member, Second Label LLC

d/b/a The Beehive)

Richard J. Leider (Paramount Hotels Inc)

Richard M. Kovacevich (Retired Chairman and CEO

Wells Fargo & Co.)

Richard R. Nuñez, Jr. (Vice President, Business

Development and Alliances)

Richard Selsted (Director, Oryn Therapeutics, Inc.)

Rob Giljum (Owner, The Edge, Midnight Sun and

Beaux)

Robert Cohn (Managing Partner, Wellington

Management and Consulting, LLC)

Robert Emmons (Owner, San Francisco Mercantile)

Robert Tillman (CEO, RRT Partners, LLC)

Robert Whitworth (Business Owner)

Rod Diehl (Senior Vice President, Co-Head of West

Coast Regions, BXP)

Ron Conway (Founder, SV Angel)

Ruchi Sanghvi (Founder and General Partner, South

Park Commons)

Russell Notides (Former CFO, Rapt, Inc.)

Sharad Singh (CEO, Trivium, Inc. and Trivium

Insurance Services, Inc.)

Sigmund Anderman (Founder, Ellie Mae, Inc.)

6a

Stephen Rechif (Business Owner)

Stephen Williamson (Founder and CEO, Forager

Project)

Steve Fukuda (Business Owner)

Steven Merrill (President, Merrill Family

Foundation)

Theresa Sabella (Managing Member, Sabella

Building LLC)

Thomas F. White (President and CEO, TriAct

Therapeutics, Inc.)

Timothy F. Marks (Managing Principal, Tucker &

Marks)

Todd Solmson (Managing Partner, Fairwood Capital,

LLC)

Tommaso Trionfi (Owner, Shared Studios)

Tracey Sylvester (Owner EHS Pilates)

Tracy Evans MD, MPH, FAAD (CEO, Precision

Dermatology, Inc.)

Vince Hoenigman (Vice President, Citymark

Development)

Vishal Saluja (Managing Partner, Indico Capital)

Wes Powell (Executive Managing Director, JLL)

William Clerico (Managing Partner, Convective

Capital)

William Minshew (CEO, Splits)

Yitong Zhang (Co-founder, Agora)

Community and Civic Leaders

Abram Dawson (Community Leader)

Aditya Agarwal (Community Builder, South Park

Commons)

Alejandro Araiz (National Account Manager for

Hotel Engine)

Amanda Hoenigman (Civic Leader)

7a

Ambassador Trevor D. Traina (Retired U.S.

Ambassador to the Republic of Austria)

Amy Winthrop (Community Activist)

Angie Yap (Community Leader)

Anna Sangiacomo Kane (Principal, Trinity

Properties)

Anna Waclawiczek (Community Leader)

Ayman Farahat (President, Friends and Neighbors

of Jose Coronado Playground)

Barbara Pletz (Community Leader)

Barry Altshuler, (EVP Investments, Equity

Residential)

Barry Baron, M.D. (Community Leader)

Barry Reder (Retired Law Firm Partner)

Blase Bova (Executive Director, St. Vincent de Paul

Alameda County)

Brian Hill (Board Member, Castro Community on

Patrol)

Cedric Akbar (Community Advocate)

Chief Gregory Suhr (San Francisco Police

Department (retired))

Christine Bartlett Hinckley (Real Estate Broker,

Grandmother)

Claudia L. Siegel (Realtor CRS)

Connie Cox Price (Artist and Community Organizer)

Daman Kapoor (President, 856-858 Capp HOA)

David Crane (President, Govern for California)

David DeWilde (Community Leader)

Dean Copans (Principal, Spruce Commercial Real

Estate)

Denis F. Shanagher (Partner, Duane Morris LLP –

Native San Franciscan)

Desmond Morgan (Secretary, Castro Merchant

Association, San Francisco)

8a

Diana Helander (Board, Hamilton HOA, Community

Leader - OFarrell Neighborhood Group)

Dina DiBattista (Business Strategy & Marketing

Consultant)

Donald Van de Mark (Real Estate Agent)

Donna Miller Casey (Non-Profit/Business

Consultant)

Doug Mehl (AIA, Principal)

Dr Richard Garcia-Kennedy (Community Leader)

Dr. Mark Co (Foot and Ankle Physician/Surgeon)

Elissa Meryl (Phycologist, Neighborhood Leader)

Elizabeth Capdevielle Dressel (Lawyer)

Erika Slovikoski (CPDT-KA, Community Leader)

Forrest Liu (Stop Asian Hate activist)

Frank Tizedes (Community Leader)

Gary Pinkus (Community Leader)

Glen Hookey, MD (Emergency Room Doctor)

Gregg Lynn (Market Share-Leader Realtor in San

Francisco)

Henry Karnilowicz (President, South of Market

Business Association)

Jade Tu (Community Organizer)

James Reuben (Partner, Reuben, Junius, & Rose)

Jane Day (Harriet Street Advocates)

Janice Thacher (Partner, Wilson Meany)

Jeannette Harriss (Financial Advisor- Morgan

Stanley LLC)

Jeff Schlarb (Principal, Jeff Schlarb Design Studio)

Jeremy Liew (Partner, Lightspeed Venture

Partners)

Jim Shapiro (Community Leader)

Joe Camarda (Community Leader)

John Debenedetti (Chair of the Board, All May See

Foundation)

9a

John Hooper (Buena Vista Neighborhood Association

Member)

John Kuehne (Security Committee Member,

Gateway Tenants Association)

Josel Salalima (Engineering Lead)

Judge Kevin V. Ryan (Ret.) (Former United States

Attorney for the NDCA)

Julia Baron, PsyD (Licensed Clinical Psychologist)

Karen Breslin (Former President of Miraloma Park

Improvement Club)

Karina Velasquez (Principal, Law Office of Karina

Velasquez)

Kate Smith (President, Saint Francis Foundation)

Kerry Egan (Act Two Holdings)

Kerry Riordan Sykes (San Francisco Attorney)

Kevin Delmore (Sotheby’s International Realty San

Francisco Brokerage)

Kevin Miller (Physician)

Kris Iversen (Executive Assistant, Author, and 3rd

Generation San Franciscan)

Kristina Cahojova (Community Leader)

Kwabena Agyeman (Community Leader)

Kyle Olivo (SOMA Grand Community Leader)

Lily A. Sage (Real Estate Investor)

Lily Ho (President, Delta Chinatown Initiative)

Louise Muhlfeld Patterson (Community Leader)

Luke Perkocha (Community Leader)

Madeleine Trembley (President, Gateway Tenants

Association)

Madeline Duva (Board Member, Advisor and Mentor

to various technology companies)

Madeline Mandanis (Associate, CBRE)

Margaret Latif (Community Leader)

10a

Maria Pasos-Nunez (Strategic Management

Consultant, Beeline Partners)

Mark Lehmann (Community Leader)

Mark W. Perry (Retired NEA General Partner)

Mary Conde (Board of Directors, Civic Center

Community Benefit District)

Mary Jung (Past Chair, San Francisco Democratic

Party)

Mary Vascellaro (Community Volunteer in

Education)

Mauree Jane Perry (Retired Oral Historian)

Meet Aghera (Gateway Tenants Association)

Melanie Born (Coordinator of Client Services in a

Tenderloin based non-profit)

Melanie Mandich (Community Leader and

Volunteer)

Melis Inceer (Community Leader)

Michael Bradley (Community Leader)

Michael Lai (Community Leader)

Michela Alioto-Pier (Former San Francisco

Supervisor)

Michele Hennessey (BCNA Board Member)

Nancy Montgomery (Non-Profit Board Trustee)

Naomi Richen (Board Member, Small Property

Owners of San Francisco)

Natalie Jamison (Community Leader)

Norma García-Kennedy (Community Leader)

Oleg Verbitski (SFAR Member and SF Resident.

Chair of GBC Committee)

Par Hanji (Partner, Hanji & McAllister Group)

Paulina Fayer (Executive Director, RecoverCA)

Peter Lee (Community Leader)

Peter Lewis (President, Mission Delores

Neighborhood Association)

11a

Ralph Hibbs (Castro Community Benefit District

Board Member and Treasurer, Member of Castro

Commons HOA Board)

Randi Fisher (Co-trustee Pisces Foundation)

Rebecca Bradley (Community Leader)

Rebecca Schumacher (Realtor)

Remi Tan (Architect)

Rick Chisholm (Nonprofit Board member)

Robert C. Gordon III (Former Career Assistant

District Attorney, City and County of San

Francisco)

Roberta Economidis (Partner, GE Law Group)

Stephen Martin-Pinto (Former President West, Twin

Peaks Central Council)

Steven McGlocklin (Physician)

Steven N. Fayne (Chairman of the Board, San

Francisco Campus for Jewish Living)

Theo Cincotta (Soma West Society)

Thomas Shanahan (Community Leader)

Tom Dehnel (Founder, Harrison Street Neighbors)

Topher Conway (SV Angel)

Vaughn de Guigne (Community Leader)

William Brega (Stop Asian Hate Activist)

William Stanley Andereck (Internist, Bioethicist)

Zoe Luhtala (Community Leader)

Neighborhood Leaders and Associations

Adam Baron

Alan Hopkins (District 6 Neighborhood Leader)

Alicia Strodzka

Ann Poletti

Ari Shp (Mission Neighborhood Safety Advocate)

Barbara Hill

Barry Kane

12a

Beau Lacey

Bette Sue Wadsworth

Bharath Kadaba

Bilques Smith

Brian Gannon

Brian Key

Bronagh Hanley

Brynne Levy

Carl M. Kawaja

Caroline Newman

Carolyn Mehran

Cassandra Palo

Christian Rieta

Christopher Nalen

Clyde Ikeda, MD

David Young

Derek Jackson

Devon Johnson (District 2 Neighborhood Leader)

Donald Graves

Donna Hurowitz

Ellanor Notides (Inner Richmond Neighborhood

Leader)

Francesca Pastine (President, Inner Mission

Neigborhood Association)

Gay-Lynn Blanding

George Cavage

Gia Granucci

Gina Cicciarelli

Glenn Risso

Helen Spalding

Holly Peterson

Jackie Miller

Jay Ernst

Jennifer Hymes Battat

13a

Joe Tham

John Gall

John Owl

John S. Wadsworth Jr.

Joi Pentin

Jordan Vennes

Joyce Ferman (Member Central Mission Neighborhood Association)

Kalpi Kadaba

Kathryn Ann Dougery

Kathryn Kimball

Lena Wong

Leslie Podell

Lisa Ikeda

Lucas Weissman

Luke deWilde

Lyle Sweeney

M.J. Thomas (Neighborhood Association Board

Member)

Marie N. Simpson

Mark Dietrich

Mark McHale

Martin Quinn

Mary Nadine Sangiacomo Kane

Maureen S. McFadden

Michael Jameson

Michelle Hughes

Mike Ruiz

Mithun Patel

Mission Dolores Neighborhood Association

Naomi Hofacket

Nathaniel Weiner

Nikhil Gowda

Nikhil Sachdev

14a

Noelle Moseley

P. Bailey Jamison

Patrick Kennedy

Paul Kontos

Paul Rea

Paul Sears

Paul V. Simpson

Peggy Mullin-Bogart

Philip Vy

Philipp Frings

Phyllis Goodman (Member of Barbary Coast Neighborhood Association)

Richard C. Barker

Richard Robinson (Harbor Affairs Neighborhood

Leader)

Richard Ruvalcaba

Robert C. Hood

Robert Sangiacomo Kane

Robert Vennes

Roberta L. Baron

Roger Williams

Sandra Ingrish

Stephen Diteljan (Tenderloin Neighborhood Leader)

Steven Matthews

Sue Graham Johnston

Susan A. Ford

Susan Lowe

Sybil Gordon

Tanguy Serra

Tim Seufert

Tracie Rosen

Tracie Rosen, Esq.

William D Evers Jr.

15a

APPENDIX B

Lawsuits Filed Under Martin v. City of Boise

and Johnson v. Grants Pass

Jewels Helping Hands v. Hansen, No. 23-2-03122-3

(Wash. Ct. App. Dec. 7, 2023)

Better Days Ahead Outreach Inc. v. Borough of

Pottstown, No. 2:23-cv-04234 (E.D. Pa. Nov. 1,

2023)

Tassey v. California Dep’t of Transp., No. 23-cv-05041

(N.D. Cal. Oct. 2, 2023)

Saalman, II v. County of Mercer, No. 3:23-cv-1538 (N.D.

Ohio Aug. 8, 2023)

Boyd v. City of San Rafael, No. 3:23-cv-04085 (N.D.

Cal. Aug 11, 2023)

Schwab v. City of Fremont, No. 3:23-cv-03037 (N.D.

Cal. Jun 21, 2023)

Community on Wheels v. City of Tucson, No. 4:23-cv00029 (D. Ariz. Jan. 17, 2023)

Fund for Empowerment v. City of Phoenix, No. 2:22cv-02041 (D. Ariz. Nov. 30, 2022)

Yesue v. City of Sebastopol, No. 4:22-cv-06474 (N.D.

Cal. Oct. 25, 2022)

Coalition on Homelessness v. City and County of San

Francisco, No. 4:22-cv-05502 (N.D. Cal. Sep 27,

2022)

Bacon v. City of Chula Vista, No. 22-cv-01278 (S.D.

Cal. Aug. 29, 2022)

Blaike v. El-Tawansy, No. 3:22-cv-04669 (N.D. Cal.

Aug 15, 2022)

16a

McCloud v. Cnty. of Sonoma, No. 3:22-cv-04284 (N.D.

Cal. July 25, 2022)

Balin v. Cal. Dep’t of Transp., No. 3:22-cv-04178 (N.D.

Cal. July 18, 2022)

Blain v. California Dep’t of Transp., No. 3:22-cv04178 (N.D. Cal. July 18, 2022)

Fitzpatrick v. Little, No. 1:22-cv-00162 (D. Idaho Apr.

12, 2022)

Brown v. City of Fresno, No. 1:22-cv-00216 (E.D. Cal.

Feb. 21, 2022)

Pajaro/Watsonville Homeless Union v. City Of

Watsonville, No. 3:21-cv-09778 (N.D. Cal. Dec. 19,

2021)

Dominguez v. City of Berkeley, No. 3:21-cv-08599

(N.D. Cal. Nov. 4, 2021)

Boring v. Murillo, No. 2:21-cv-07305 (C.D. Cal. Sept.

13, 2021)

Evenson-Childs v. Ravalli County Sheriff's Office, No.

9:21-cv-00089 (D. Mont. Aug 09, 2021)

People of City of Los Angeles Who are Un-Housed v.

Garcetti, No. 21-cv-06003 (C.D. Cal. July 26, 2021)

Marin Cnty. Loc. of the Cal. Homeless Union v. City of

Novato, No. 21-cv-05401 (N.D. Cal. July 14, 2021)

O’Callaghan v. City of Portland, No. 3:21-cv-00812 (D.

Or. May 25, 2021)

Warren v. City of Chico, No. 2:21-cv-00640 (E.D. Cal.

Apr. 8, 2021)

Geary v. City of Pacifica, No. 3:21-cv-01780 (N.D. Cal.

Mar. 15, 2021)

17a

Sausalito/Marin Cnty. Chapter of Cal. Homeless

Union v. City of Sausalito, No. 21-cv-01143 (N.D.

Cal. Feb. 16, 2021)

Niau v. County of Kauai, No. 1:20-cv-00319 (D. Haw.

Jul 20, 2020)

Jackson v. Gill, No. 6:20-cv-00906 (D. Or. Jun 05,

2020)

Winslow v. City of Oakland, No. 20-cv-01510 (N.D.

Cal. Feb. 28, 2020)

Mahoney v. City of Sacramento, No. 2:20-cv-00258

(E.D. Cal. Feb. 4, 2020)

Young v. City of Los Angeles, No. 2:20-cv-00709 (C.D.

Cal. Jan 23, 2020)

Aitken v. City of Aberdeen, No. 3:19-cv-05322 (W.D.

Wash. Apr. 22, 2019)

Quintero v. City of Santa Cruz, No. 5:19-cv-01898

(N.D. Cal. Apr. 9, 2019)

Shipp v. Schaaf, No. 19-cv-01709 (N.D. Cal. Apr. 2,

2019)

Le Van Hung v. Schaaf, No. 19-cv-01436 (N.D. Cal.

Mar. 19, 2019)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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