Manhattan Beach Makes it Illegal To Live On The Street

MANHATTAN BEACH, CA – The Manhattan Beach City Council passed a new law this month that makes it illegal to sleep on city streets and public areas. However, on the same day, a Ninth Circuit ruling forced cities that essentially outlaw homelessness to come up with alternative shelters for those in need before they can be ticketed. Now Manhattan Beach is grappling with a new protocol that makes homeless encampments illegal in the city without running afoul of the high court ruling.

The council adopted an ordinance September 4, which prohibits camping and storing personal property in public areas to maintain public areas within the City in a "clean, sanitary, safe and accessible condition," the City press release said. The ordinance will help facilitate the City's efforts to keep public spaces accessible to all residents, businesses and visitors, according to City officials.

The Ninth Circuit ruled in Martin v. City of Boise that enforcement of anti-camping ordinances could violate the 8th Amendment of the United States Constitution, which bars cities from criminally prosecuting people who are sleeping outdoors in public when no other sleeping space is practically available. But, the court's decision doesn't cover individuals who have access to adequate shelter but choose not to use it, the City said.

"The City still retains the authority to arrest any individual who has committed a crime, regardless of his or her status, and will continue to exercise that authority," the press release said.

The Manhattan Beach Ordinance is consistent with the court rulings, and the City has taken measures to ensure it aligns with the Constitution while also addressing homelessness in a "deliberate and humane manner," the press release said. The City Manager also designated George Gabriel, a Manhattan Beach employee, as the “Homeless Liaison” Thursday.

The City Manager and Police Chief are developing a protocol that will contain the following components:

• Outreach and education, including the formation of a homeless task force
• Coordination with regional homeless care services
• Proactive communication with area shelters to determine availability
• Assisting homeless individuals with finding adequate shelter
• Secure additional mental health clinician hours

"If the City has arranged for adequate and available shelter, and an individual chooses not to use it, the City will enforce the new ordinance," City officials said.

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