One Battle After Another Sacramento: Why the City's Legal War Over Homelessness Is Getting Messy

One Battle After Another Sacramento: Why the City's Legal War Over Homelessness Is Getting Messy

Sacramento is tired. If you walk down C Street or drive past the sprawling encampments near Miller Park, you can feel the tension. It’s not just the heat or the traffic. It’s the legal exhaustion. For years now, the city has been locked in one battle after another Sacramento residents, officials, and advocates never seem to win. It’s a cycle. One week, the city is being sued by the Sacramento County District Attorney. The next, it’s a federal judge issuing an injunction to stop sweeps during a heatwave. Then, it's a neighborhood association demanding the city finally enforce its own sidewalk ordinances.

It feels like a merry-go-round where the music won't stop and everyone is getting dizzy.

People often ask why a city with so much political power—this is the state capital, after all—can't just "fix it." But the "it" is a moving target. We aren't just talking about one problem. We are talking about a collision of civil rights, public health, and the basic right of a taxpayer to walk down a clean street. Honestly, the legal landscape here has become so cluttered that even the lawyers are starting to trip over each other.

The DA vs. The City: A Civil War in the Capital

The most high-profile fight lately involves District Attorney Thien Ho. It’s rare to see a DA sue their own city. Like, really rare. Ho’s lawsuit against the City of Sacramento basically alleges that the city has allowed a "public nuisance" to fester. He’s pointed to piles of needles, human waste, and blocked entryways near the DA’s office as evidence that the city is failing its basic duty to keep the public safe.

He’s frustrated. You can hear it in his press conferences.

But the city’s defense is more complicated than "we don't want to." They point to the 9th Circuit Court of Appeals’ ruling in Martin v. Boise. That case essentially said you can’t criminalize someone for sleeping on public property if there are no available shelter beds. Sacramento is short on beds. Thousands short. So, the city feels stuck between a DA who wants the laws enforced and a federal court that says, "Not so fast."

This isn't just a legal disagreement; it’s a fundamental clash over who owns public space. The DA argues that the "public" includes the victims of crime and business owners. The city argues that the "public" also includes the unhoused who have nowhere else to go. It’s one battle after another Sacramento leaders have to navigate while the streets remain unchanged.

The Heatwave Injunctions: When Nature Intervenes

Then there's the weather. In Sacramento, the summers are brutal. 105 degrees is a Tuesday in July.

Every time the city tries to move an encampment, advocates like the Sacramento Homeless Union file for an emergency injunction. Their argument is simple: moving people in extreme heat is a death sentence. Judges often agree. Judge Troy Nunley has stepped in multiple times to halt sweeps during these "extreme weather events."

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This creates a weird, stop-and-go reality for city work crews. They’ll have a plan to clear a site on Monday, but by Monday afternoon, a court order stops them. The equipment sits idle. The residents in the nearby houses get angry because they were promised a cleanup that isn't happening.

It’s messy. It’s expensive. And it’s a perfect example of why this feels like a never-ending war.

What Grants Pass Changed (and What it Didn't)

Recently, the U.S. Supreme Court weighed in on City of Grants Pass v. Johnson. This was supposed to be the "game changer." The court ruled that cities can enforce bans on outdoor camping even if they don't have enough shelter beds.

You’d think that would end the one battle after another Sacramento has been facing.

Nope.

Governor Gavin Newsom issued an executive order telling state agencies to start clearing camps. He even went to Los Angeles and started throwing trash bags into a truck himself. But Sacramento Mayor Darrell Steinberg and the City Council have been more cautious. Why? Because California has its own state constitution and its own set of previous court rulings that might still protect the unhoused.

Basically, just because the Supreme Court said it’s okay doesn't mean the lawsuits in California will stop. Lawyers are already pivoting to "cruel and unusual punishment" arguments under the state constitution.

The Cost of the Conflict

Let's talk money for a second. This constant litigation isn't free.

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  • The city spends millions on outside legal counsel.
  • Police overtime for "safe ground" monitoring is through the roof.
  • Cleanup crews have to be dispatched, retracted, and rescheduled.
  • Property values near the largest "battleground" sites are stagnating.

If you’re a small business owner on Broadway or in North Sacramento, you’re not thinking about constitutional law. You’re thinking about the broken window you had to pay for yesterday. You’re thinking about why you’re paying taxes for a sidewalk you can’t use. This is where the frustration turns into political action, leading to even more lawsuits from the "other" side—the taxpayers.

The Misconception of "Refusal"

One thing people get wrong is the idea that the unhoused "refuse" help. It’s a common talking point. "We offered them a bed, and they said no."

In reality, the "offer" is often a spot in a congregate shelter where they can’t bring their dog, their partner, or their belongings. For someone who has been on the street for three years, that’s not an offer; it’s a trade-off they aren't ready to make. The city has tried "Tiny Home" villages and sanctioned camping sites (like the one at Miller Park), but these are tiny drops in a very large bucket.

Until the "offer" matches the reality of the people living on the street, the cycle of sweeps and returns will continue. This is the heart of the one battle after another Sacramento struggles to resolve. It’s a mismatch of resources and needs.

Why the County and City Don't Get Along

The city is often the face of the problem, but the county holds the purse strings for mental health and social services. This is a huge point of contention.

City officials often complain that they are doing the "heavy lifting" by providing the land and the police, while the county isn't providing enough social workers or drug treatment beds. This "finger-pointing" is its own kind of battle. In 2022, they signed a "memorandum of understanding" (MOU) to work together. It was supposed to be a peace treaty.

Has it worked? Sorta.

We’ve seen more outreach teams. We’ve seen more coordination. But the sheer volume of the crisis dwarfs the cooperation. You can’t "out-coordinate" a shortage of 5,000 housing units. It’s like trying to put out a forest fire with a Super Soaker. You're trying, but the math just isn't on your side.

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The Neighborhood Pushback

Don't forget the neighborhood associations. Groups in Land Park, East Sacramento, and Midtown have become incredibly organized. They are filing their own "amicus briefs" in these court cases. They are showing up to council meetings with binders full of photos.

They argue that their "Right to the City" is being ignored.

This creates a three-way tug-of-war:

  1. The Advocates: Fighting for the 4th and 8th Amendment rights of the unhoused.
  2. The City/State: Trying to manage public health and avoid being sued by everyone.
  3. The Residents: Demanding a return to "order" and public safety.

Each group wins a small battle, but no one is winning the war.

What Actually Happens Next?

If you're looking for a clean ending to the one battle after another Sacramento saga, you won't find it here. There is no "silver bullet." However, the landscape is shifting toward more enforcement. With the Grants Pass ruling and Newsom's pressure, the city is likely to get more aggressive with sweeps in 2025 and 2026.

Expect more "Safe Parking" zones and more specialized courts (like CARE Court) designed to mandate treatment for those with severe mental illness. The legal battles will move away from "Can we move them?" to "Where do we put them?"

That sounds like progress, but it’s just a different kind of fight.

Actionable Steps for Sacramento Residents

If you’re living in the middle of this and feel helpless, there are actually things you can do besides shouting into the void on Nextdoor.

  • Track the 311 Reports: Don't just call once. Use the Sacramento 311 app to create a digital paper trail of specific issues. This data is used in court to prove "public nuisance" or "lack of service."
  • Attend the "Budget Hearings": This is where the money for "Tiny Homes" and mental health teams is actually allocated. Most people skip these, but this is where the real power sits.
  • Support "Permanent Supportive Housing" (PSH): It’s easy to be a NIMBY (Not In My Backyard), but PSH is the only thing that has been proven to stop the revolving door of the legal system.
  • Direct Advocacy: Connect with groups like Sacramento Steps Forward. They actually understand the data and can explain why a specific camp hasn't been moved or what the long-term plan is for a specific neighborhood.

The legal war in Sacramento isn't going to end tomorrow. It’s a grind. But understanding that it’s a complex web of court orders, constitutional rights, and resource shortages is the first step to making sense of why the city looks the way it does. It's not just "incompetence"—it's a legal stalemate that is being fought block by block, one battle after another.


Next Steps to Stay Informed:
Monitor the Sacramento County Superior Court's public portal for updates on the DA's lawsuit against the city, as this case will likely set the precedent for how "public nuisance" laws are applied to homelessness in California for the next decade. Follow local journalists who specialize in the "homeless beat" to get the nuance that national headlines often miss.