Deal finalized after years of legal fight over S.F. homeless camp removals

The Settlement and Its Implications

After nearly three years of legal battles, a significant resolution has been reached in a case that involved the Coalition on Homelessness and San Francisco's efforts to manage encampments. The city has agreed to pay the organization $2.8 million, with a portion of this amount going directly to two individuals who were part of the lawsuit. This settlement is still pending approval from both the Board of Supervisors and a judge, but it marks the end of a contentious lawsuit that began in September 2022.

The suit claimed that the city violated state and federal laws, as well as its own policies and the rights of homeless individuals. Specifically, the lawsuit alleged that the city cleared encampments without offering adequate shelter and seized and destroyed belongings of homeless people. Jen Kwart, a spokesperson for San Francisco City Attorney David Chiu, described the settlement as "the best outcome for all parties."

"We are happy to be putting this lawsuit behind us so that all sides can focus on providing services and addressing homelessness," she said in a statement. "There are many people on our streets who are in crisis, and San Francisco genuinely wants to help them onto a better path."

Legal Developments and Changes in Policy

A 2022 court order temporarily restricted San Francisco police from enforcing certain laws related to clearing homeless tents. However, those restrictions were lifted by a U.S. magistrate last year following a U.S. Supreme Court ruling that gave local governments broad authority to punish unhoused people for sleeping on public property. As a result, San Francisco drastically increased arrests of unhoused individuals who illegally set up tents on public property, leading to a significant drop in the number of tents across the city.

Last month, officials counted 165 tents and makeshift structures citywide—the lowest number tallied since the city began tracking six years ago. Despite these changes, U.S. Magistrate Judge Donna Ryu left in place her orders mandating the city "bag and tag" any belongings seized by police during encampment sweeps. The city was required to safely store the items and notify owners how and where to retrieve them.

Ryu wrote that it was "plausible" the city might be in violation of a constitutional ban on illegal searches and seizures by destroying the property of homeless individuals despite its own written policies precluding the practice. In a prior order, she required the city to provide more training to workers to ensure they were following policies.

Key Provisions of the Settlement

Under the settlement reached, the city is allowed to keep in place its current "bag and tag" policy "unless and until" the policy is revised. The city's existing policy requires workers to provide written notice 72 hours before sweeps and to store items such as luggage, backpacks, medication, and personal papers at a Public Works yard for 90 days. Workers are permitted to throw away "soiled" or abandoned belongings and required to give written notice when any items are removed and brought to storage.

Should the city choose to revise its policy, the settlement requires it to add a set of minimum standards mandating workers give unhoused people an hour or more to grab their belongings before they're collected or destroyed. The settlement also lays out a process that plaintiffs can follow and bring the matter before the courts again if they collect multiple accounts of the city violating the settlement and its "bag and tag" policy by unlawfully destroying property.

Mayor's Statement and Future Plans

In a statement, Mayor Daniel Lurie emphasized that his administration is working to tackle the city's homelessness and behavioral health crisis "head-on" by connecting people to stable housing and treatment and making the streets safer for everyone. "We are doing the work to deliver progress for San Francisco," the statement read, "and as we put this litigation behind us, we will continue doing that work every day."

This settlement represents a significant step forward in addressing the complex issues surrounding homelessness in San Francisco. It not only provides financial compensation to those affected but also sets clear guidelines for future actions by the city. As the city moves forward, the focus remains on finding sustainable solutions that support homeless individuals while maintaining public safety.