I’ve had many inquiries about the mess at the old 49er Drive-In property and got another message this morning about the recent increase of homeless camping along the creeksides.
If you’ll think back to last year, Boise Idaho had enacted an ordinance that restricted the homeless from camping in public spaces when shelter space was unavailable.
The 9th Circuit court ruled that the ordinance was cruel and unusual punishment, violating the Constitution’s Eighth Amendment.
The court said, “A state may not criminalize conduct that is an unavoidable consequence of being homeless.”
This had broad implications across the west, as the 9th Circuit court has jurisdiction in nine western states from Alaska to Arizona… including right here in Sacramento.
The Supreme Court refused to hear an appeal.
Now, also consider the May 22nd Public Health Order from the Sacramento County Department of Public Health which says;
“CDC guidance for those experiencing homelessness outside of shelters is to be strictly followed. To maintain public health and safety, allow people who are living unsheltered, in cars, RV’s, and trailers, or in encampments to remain where they are.”
This does NOT distinguish between public or private property. The 49er property is privately owned and has been mostly abandoned for decades.
Also, readers should note that this property is in the City of Sacramento.
Sacramento City Councilman Allen Warren has commented;
“I write to assure you that our office and multiple agencies within the City of Sacramento are aware and are working diligently to address the situation at the 49er Drive-In. Last month, the IMPACT Team visited the site, made numerous arrests, and assisted families to relocate to a safe location. We will continue to monitor the situation and work to bring a resolution.”Sacramento City Councilman Allen Warren
According to Councilman Warren’s office, they have been working on this issue since August 21. The impact team was notified and was out there on the 22nd. In addition to making arrests and getting the elderly into shelters, they recovered $30,000 worth of stolen items from Skatetown in Roseville.
They also said that multiple agencies, including Sacramento County are involved in working on the issue.