Cities and counties are obligated to follow the state and federal laws that clearly define what can and cannot be done when addressing the impacts of homelessness. Generally, case law precludes a city from enforcing its anti-camping laws if there are not places for a homeless person to go.
In September 2018, the United States Ninth Circuit Court of Appeals ruled in its Martin v. City of Boise that the Eighth Amendment precluded the enforcement of laws prohibiting sleeping outside against homeless individuals with no access to an alternative shelter. Specifically, the Ninth Circuit held that, as long as there is no option for sleeping indoors, the government cannot criminalize indigent, homeless people from sleeping outdoors, on public property.
As a result, the federal judge overseeing Orange County's homeless issues was asked to block cities from enforcing anti-camping laws if the city does not have an adequate, alternative sleeping location for these individuals experiencing homelessness, such as a shelter bed or other housing.
Newport Beach has no such facilities, though it does have one, 12-bed home for veterans operated by a local non-profit. That home is at capacity.
