SAN ANTONIO – This story has been updated with additional statistics from the San Antonio Police Department
The U.S. Supreme Court’s recent decision to allow cities to enforce general bans on public camping, which are often aimed at homeless people, does not appear likely to affect San Antonio.
The court’s 6-3 decision overturned a California-based appeals court decision that found such laws amount to cruel and unusual punishment when shelter space is lacking. The court found that rules like those in Grants Pass, Oregon, which forbid public camping or even sleeping with a rolled-up shirt, did not violate the Eighth Amendment’s ban on “cruel and unusual punishment.”
READ MORE: Divided Supreme Court rules in major homelessness case that outdoor sleeping bans are OK
The June 28 decision significantly affects the Western states under the jurisdiction of the U.S. 9th Circuit Court of Appeals. In 2019, the appellate court ruled that cities could not completely ban public camping if there wasn’t enough shelter space.
Texas was not one of the nine states limited by that decision, but the Supreme Court ruling means any such camping bans can continue.
“Had the Supreme Court come to a different decision, say, had it adopted the reasoning that was kind of the dissenting opinions, then that would have had implications that affected current policy here in Texas and in San Antonio,” said Greg Slotnick, a clinical assistant professor at St. Mary’s University School of Law and board member of Close to Home San Antonio. “However, it did not. That was a 6-3 majority opinion. And that more or less affirmed the baseline that states and municipalities are permitted to engage in certain bans that are generally applicable.”
While San Antonio Mayor Ron Nirenberg said in a social media post that the decision “paves the way to criminalize homelessness,” the city has had similar rules on the book for nearly two decades.
The Supreme Court decision in the Grants Pass case paves the way to criminalize homelessness.
— Mayor Ron Nirenberg (@Ron_Nirenberg) June 28, 2024
Our unhoused neighbors need permanent supportive housing, access to health care, and to be treated with basic dignity.
We cannot arrest our way out of homelessness.
San Antonio has banned camping in public areas since 2005, and the state added its own ban in 2021. Both t e city and state laws punish camping with a fine of up to $500.
San Antonio Police have issued more than 1,100 citations for the past three years, including in just the first half of 2024.
- 2022 - 1,151 citations issued
- 2023 - 1,783 citations issued
- 2024 - 1,219 citations issued (Jan. - Jun.)
SAPD Spokesman Sgt. Washington Moscoso emailed a statement in response to KSAT’s question about how often SAPD and San Antonio park police officers actually issue citations.
Our officers have discretion on every call for service as to whether to cite someone for any misdemeanor violation. Furthermore, the San Antonio Police Department works closely with other City departments and nonprofit partners to provide resources to people experiencing homelessness, including connecting them with temporary and/or permanent supportive housing.
Sgt. Washington Moscoso, SAPD
Close to Home San Antonio Executive Director Katie Wilson said her group, the lead coordinating agency for homelessness in Bexar County, has already discussed the ruling with the city and its partners. Wilson said there “will be no changes to how we address homelessness in San Antonio.”
“Up to this point, our chief of police, our mayor, I think there’s been strong support, to focus on therapeutic approaches, to focus on housing, people providing supportive services,” Wilson said.
Haven for Hope Spokeswoman Terri Behling said when they have a client who has been cited for public camping, they try to get them referred to a specialty “Community Court” docket in municipal court, which can get the fine waived.
“If somebody is getting a fine for public camping, but they don’t have the means to pay the fine. It can create more barriers for them to get housing and or employment,” Behling said.
Homeless camps have been a top priority for San Antonians in the past two years, according to budget priority surveys conducted by the city.
The city responded in the current budget year by dedicating more money toward the cleanups, which it calls “abatements.” A city dashboard shows 924 cleanups had been conducted between October and June, compared to 680 in all of FY 2023.
Though the city has made efforts to increase the amount of affordable housing and homeless shelter capacity, Wilson said there’s still not enough for everyone. The la est point-in-time count conducted by Close to Home in January found that 888 of the 3,372 people experiencing homelessness in Bexar County were unsheltered — meaning they’re staying on the streets or possibly in a car.
“So while we’re constantly working towards that and steps like the community’s housing bond or helping us to have placement, we wouldn’t be able to place everybody if they all accepted help on the same day,” she said.
“And so I think that’s important for the community to know that we have to continue to work to address those needs. And that criminalizing homelessness would not be helpful. And if anything, it would put strains on other systems like our criminal justice system.”