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Venice Update

News of Venice, CA and Marina del Rey CA

San Clemente Does Simple Homeless Shelter with Tents and Passes Litmus Test of Ninth Circuit

What are other cities doing to provide shelter for the homeless? Here is a synopsis of what San Clemente has done … and it has passed the litmus test of going to the Ninth Circuit Court of Appeals.

Rather than building a homeless shelter or purchasing pallet shelters and installing them at a location near parks, schools, residences, restaurants, or other businesses, San Clemente provided a small parcel of City property in an industrial area.

They then enacted an ordinance, and issued an emergency declaration, This required all camping to occur at that site. They asked for reasonable requirements, such as registration and check-in protocols, prohibitions on weapons, drugs, alcohol, dangerous tools, fires, or loud music, quiet time enforced from 10pm to 7am. San Clemente later required proof of residency as well.  City provided basic tents and portable toilets but no electrical hookups.

People experiencing homelessness and their advocacy groups sued San Clemente. The judge determined that San Clemente’s conduct complied with the Ninth Circuit Court of Appeals Martin v. City of Boise decision, and dismissed the lawsuit with prejudice.  Last month, the plaintiffs in that case abandoned their appeal to the Ninth Circuit, thus acknowledging that their legal challenge to San Clemente’s solution lacked merit.

The following links contain the San Clemente Ordinance and the Emergency Declaration.

https://library.municode.com/ca/san_clemente/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.86CA_8.86.040EN

https://librarystage.municode.com/ca/san_clemente/ordinances/code_of_ordinances?nodeId=959756

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