San Diego, CA
Few homeless people have been detained under San Diego's camping ban. The number prosecuted is even lower
There’s no question San Diego’s camping ban has made an impact.
Its passage last summer corresponded with a drop in homelessness downtown, more people asking for shelter and an increase in riverbed encampments. Other cities have moved to follow San Diego’s lead. Some lawmakers want to take the rules statewide.
But that doesn’t mean many residents are ending up in court for living in a tent.
During the ordinance’s first six-plus months, the city attorney’s office filed charges against just two people on allegations of violating the ban, according to spokesman Andrew Sharp. An additional eight cases were under review as of early February.
Police arrested one person twice and issued 30 tickets during that period, meaning prosecutors at most had agreed to pursue less than one-tenth of available cases.
Even if the eight other cases are eventually taken up, the total would amount to about a third of what officers initially acted on since the ban took effect July 31.
Among the people who ultimately won’t be punished is a 28-year-old man who received the first camping-ban ticket in August.
“It’s not as easy as it seems when you’re trying to prove cases like this, when it’s a brand-new law,” said City Attorney Mara Elliott. “It’s taking a little time for us to roll it out into the community so that everybody’s marching to the same tune.”
The disparity does not reflect a rift with the Police Department, and the two agencies have continued to collaborate on how to improve enforcement, Elliott added.
The Police Department did not respond to requests for comment.
Experts said several factors might be keeping prosecution numbers low, including limited resources and the higher standard prosecutors must meet when weighing whether there’s enough evidence to win over a jury.
“You do go cautiously when you don’t know what the parameters are,” said Jan Goldsmith, a former San Diego city attorney.
Case law is limited and judges are similarly wading into new territory. “You don’t want to issue a bunch of cases that are all struck down,” Goldsmith said.
Multiple dismissals could provide ammunition to legal challenges seeking to overturn the law, officials said.
Then there’s the vulnerability that comes with homelessness.
“It’s not just a new law,” said Alfonso Esquer, a former investigator with the U.S. Department of Justice who now directs the criminal justice program at Point Loma Nazarene University. “It’s also a very delicate law that requires some sensitivity.”
Paul Pfingst, a former San Diego County district attorney, noted that prosecutors may want to give residents time to adjust.
As word spreads, however, the number of cases taken to court could rise, Pfingst said.
It’s possible San Diego’s convoluted system for tracking when shelter is available — the city and Housing Commission oversee separate networks and there has not been real-time monitoring — has affected what prosecutors think they can win.
The ordinance sometimes applies only if beds are open, and the city attorney’s initial legal analysis of the ban noted that convictions could hinge on shelter employees being able to testify that they had room at the moment someone was detained.
The legal landscape also is in flux. Later this year, the U.S. Supreme Court is expected to decide whether homeless people have a right to sleep on public property when there’s nowhere else to go. San Diego signed on to an appeal asking the justices to reconsider an earlier federal court ruling that said cities generally needed to have shelter available before clearing tent camps.
“We’re all waiting to see what happens there,” Elliott said.
The absence of a camping-ban charge doesn’t necessarily mean there’s no case at all. A 58-year-old man who was arrested last year won’t go to trial for sleeping outside, but he is facing a felony allegation of selling methamphetamine, according to Sharp.
Sharp said there is no internal policy telling prosecutors not to prioritize the ban.
The city attorney’s office’s experience in court with a different ordinance used to target encampments offers further reason for caution.
San Diego’s encroachment law prohibits sidewalks from being blocked by personal property. Prosecutors pursued nearly 75 of those and other related charges in 2022, according to a statement from the office.
Yet 50 of those cases were ultimately dismissed and more than 20 people never showed up for trial, officials said. Two others sought diversion programs and a third is still being evaluated for competence to face a judge.
There’s a similarly lopsided comparison between encroachment tickets and prosecutions. Police have made much more than 100 of those citations and arrests since September, but the city attorney’s office had filed charges in only 26 cases as of early February, according to Sharp. An additional 25 were under review.
Local leaders have defended the camping ban as one of many tools to address homelessness.
“People who assumed the goal of the ordinance was to arrest people may be surprised by the low number of prosecutions,” City Councilman Stephen Whitburn said in an email. “However, its purpose was to have a clear law that encourages people to move out of encampments and into safer and healthier places.”
Hundreds of people have relocated to the city’s new designated camping areas near Balboa Park in recent months, though the region’s shelters do not have enough room for everybody asking for a spot.
In his State of the City address earlier this year, Mayor Todd Gloria praised the low levels of police enforcement as evidence that the law is “working as intended” by “clearing encampments without widespread arrests.”
When asked if the mayor is satisfied with the current number of prosecutions, spokeswoman Rachel Laing said Gloria has “no authority over the city attorney” but has “given clear direction to the Police Department to enforce this and all other laws on the books.”
At the same time, homelessness in the region continues to grow.
January was the 22nd consecutive month in which the number of people losing a place to stay for the first time (1,385) exceeded how many homeless people found housing (966), according to the Regional Task Force on Homelessness. ◆
San Diego, CA
The gun violence that has taken place in the last two days is prompting San Diego community members to take action.
As local members of the Jewish community celebrated the first day of Hanukkah, they joined in solidarity with those impacted by the tragedy in Australia.
Meanwhile, other members of the community honored the lives lost to gun violence.
Despite the somber and tragic events that have unfolded in the last two days, the community is holding strong.
San Diegans are choosing to focus on the light rather than the darkness.
“Our job is not just to spread light with words, but with actions,” Rabbi Yossi Tiefenbrun, Director of Chabad of Pacific Beach said.
As members of the Jewish community gathered at Liberty Station Sunday night to kick off the first day of Hannukah by the lighting of the menorah, their hearts are with their brothers and sisters in Bondi, Australia, where two attackers killed at least 15 people in a shooting during the Jewish holiday celebration.
“Personally, it’s been a very difficult day. The Rabbi in the city of Australia was a classmate of mine. We grew up together in London, England. So waking up to that kind of news was devastating,” Rabbi Yossi Tiefenbrun said.
The tragedy in Australia comes just hours after a gunman opened fire at Brown University, killing two and injuring at least nine others.
“For every shooting, for every death, there’s a family behind that. There are friends, there are loved ones,” Carol Landale said.
Sunday also marks 13 years since a gunman opened fire at Sandy Hook Elementary in Newton, Connecticut, killing 20-first graders and 6 staff members.
“When will this stop… When will the powers of this world say enough?” Rev. Penny Bridges, Dean, St. Paul Cathedral said.
The annual vigil of remembrance for the victims of gun violence was held Sunday night at St. Paul’s Episcopal Church.
“In this festive time of advent and festive season of Hanukkah, we call on our loving and living God to bring peace to our world, to end the evil of Gun violence,” Rev. Penny Bridges said.
With violence erupting on the first day of Hanukkah, the head of security for the Jewish Federation said they are working with other law enforcement agencies to ensure the safety of everyone in the community.
“I think it’s important for everyone to know that there are no articulated threats in our area we just have to be situationally aware,” Bill Ganley, Community Security Director for the Jewish Federation said.
San Diegans are standing strong in solidarity for one another, hoping for a brighter future ahead.
“We will fight with light whenever there is darkness,” Michael Sclar, who attended the menorah lighting said.
In a statement to NBC 7, The American Jewish Committee of San Diego said in part, “Sadly, this is not an isolated incident, and while we are horrified and devastated, we are not surprised…Hanukkah is time for joy and light and this year, we hope others will join us as we light our candles in solidarity with the Australian Jewish community. Because antisemitism is a threat to all of society and if we fail to push back against this evil hatred, everyone is at risk.
PACIFIC BEACH (CNS) – Two San Diego police officers who were on foot in a Pacific Beach intersection were struck tonight by a car operated by a wrong-way driver who was believed intoxicated.
The crash occurred at 8:25 p.m. Saturday in the intersection of Thomas Avenue and Mission Boulevard, San Diego Police Department Officer Anthony Carrosco told City News Service.
The suspect’s Honda Civic was eastbound in westbound lanes when it struck the on-duty officers, Carrosco said. It was unclear what the officers were doing in the roadway.
One officer suffered non-life-threatening injuries and was taken by ambulance to a trauma center, he said. The other officer was not injured.
The man driving the Honda was arrested for suspicion of felony DUI, Carrosco said. The man’s name and age were not immediately released.
The intersection was closed for the investigation, he said.
Copyright 2025, City News Service, Inc.
Sez Me …
We should have known better. I’m an idiot for not guessing that making sense out of the College Football Playoffs would be about as pleasurable as getting a colonoscopy with a rusted rake left out in the snow.
As far back as I can remember — and those of us over 50 know this Unsocial Media’s Generation’s memory goes back a week — I’ve been shouting from the rooftops that we must have a college football playoff.
(Although I will admit to not spending much time on rooftops lately, now that TV antennas have gone the way of the carburetor.)
A four-team tournament was a good start, but obviously not large enough. When it went to 12, it appeared to be the ideal number. Those who bitched over not making the final four now were going to get a chance to prove themselves on the field of play.
The big deal today is Notre Dame being left out of the top 12, with James Madison and Tulane getting in because the system allows conference champions. Notre Dame is independent, thus no conference — in football only.
This is a real shame.
As you know, I’m no fan of the Irish. Up to this minute, they’ve been privileged beyond belief. Both ND and Miami finished with 10-2 records, but the Irish lost to the Hurricanes in the opener, and by the time the selection committee made its final list, it took head-to-head into account. Which is the way it should be, when both teams finish with the same records.
Pouting Notre Dame athletic director Pete Bevacqua, whose school has chosen not to appear in a menial (for them) bowl game, says few schools ever have had a more successful run than ND.
The programs the Irish beat in that 10-game span had an overall record of 55-65. Historic.
Despite all that, ND was one of the few teams that seemed capable of winning the national title. It certainly belonged in over Alabama, but the SEC has special powers.
The Irish will be in it soon enough. I suspect the tournament will balloon to 16 teams. The problem now is that with NIL and rampant portal transferring, we have parity as we’ve never had it before. And that’s not a good thing. It will be much harder for the James Madisons of the world to make it.
But this isn’t basketball. It doesn’t deserve to be in.
The Dukes lost 28-14 to Louisville, their only power conference opponent (and not a good one). And they’re a three-touchdown underdog to Oregon in the tournament. Notre Dame and Oregon would be close.
But that’s just too damn bad. …
Indiana’s Curt Cignetti is the most dour head football coach at any level I’ve seen. You can sit this guy down in front of “Blazing Saddles” and he’s watching “Camille.” …
Curt isn’t winning the national title, but he’s done a helluva job at Bob Knight’s school. Come to think of it, he’s Bob without the chair. …
The Eagles’ Nick Sirianni, who is leaning at the tape as the worst head coach to win a Super Bowl, worked all week with the Philly offense. Jalen Hurts had a 31.2 passer rating vs. the NFL Team That Used To Be Here on Monday night. Smokey Gaines, where are you? That’s 31.2 more than a dead man. …
Daiyan Henley tackling Tony Jefferson after his overtime pick vs. the Eagles was wise. But because it was OT, even if Jefferson had fumbled it away and Philly recovered, the game would have been over. No extra possessions allowed in OT. …
Philip Rivers, 44, who last played football in 2020, should stay as far away from the NFL as humanly possible, perhaps have another child. Alas, he can’t help himself. …
Philip has been signed by the Colts, moving his Hall of Fame eligibility up five more years — which could mean a few more kids. …
But he’s going to play. Probably Sunday. You know that. …
In fact, I’m certain Philip eventually will become the first great-grandfather to play in The League. …
Philip has to be in better shape than Justin Herbert, no? …
Jim Harbaugh is right. Herbert is a superhero. …
Patrick Mahomes is a great quarterback. But he is a lousy quarterback under pressure. Always has been. Except there’s more pressure now. Still, if the Judases give him time to throw Sunday, adios J’s. …
With that offensive line protecting Herbert the way Sarajevo cops guarded Archduke Franz Ferdinand, it remains a wonder the Judases can win a game. But it’s December, when defense matters. …
Told you. Joe Burrow is Andrew Luck waiting to happen. …
The only games the NFL should play on Christmas Day are the ones the athletes and coaches bought for the kids to open. …
Todd Bowles, we know you can cuss. Try coaching better before driving the bus over your players. …
Bill Johnston, for 39 years publicist for the NFL Team That Used To Be Here, and serving for the last nine with the Padres, is retiring. He learned from the best, Rick Smith, a bulldog, and Bill had that attitude as he battled relentlessly beside wife Ramona through her two-decade battle with Huntington’s Disease. One of the finest men I’ve known. …
Sherrone Moore has been fired as Michigan’s football coach because of an inappropriate relationship with a staff member. Sherrone then lost it and got thrown in stir for stalking and home invasion. Lane Kiffin still has time to change his mind and go to Ann Arbor. …
The Michigan job is near the top. Great history. Unlimited resources. …
USC’s Makai Lemon was the best receiver I saw all year. So he won the Biletnikoff Award. Amazing. Others agreed with me. …
The Padres have signed reliever Daison Acosta. Now there’s one with some teeth. …
The Padres and Diamondbacks will meet in Mexico City April 25 and 26? Why? Plenty of Mexican food here, and Richardson’s in Phoenix is the best Mexican in America. OK, international games are stupid. …
Now in his second year in the Fox booth, Tom Brady is getting better as he tries to earn all of that 10-year, $375 million salary. It’s what happens when Bill Belichick tells him what to say. …
Happens every week. During Steelers-Ravens, the officials screwed the Ravens into Fort McHenry. …
Officials finally got something right. They called 19 accepted penalties on the pathetic Falcons Thursday night vs. the Bucs. Atlanta still won. …
Hey, Bicycle Mayor and His Ham & Eggers: Have you taken a ride south on Kettner toward the I-5 South onramp, featuring the Rick Schloss bump? Hope you have four-wheel drive. What a disgrace. Welcome to San Diego, rental car users. …
Jeff Kent was a good baseball player. I never considered him a Hall of Famer. Still don’t. …
Army-Navy. Fastest game. As though Randy Jones were pitching. …
I was at the 1990 World Cup in Italy, which, I believe, makes me eligible for the FIFA Peace Prize. …
How can whistles be that clean?
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