Deputy city attorney outlines how Grama Pass ruling restores local power but urges caution

Deputy City Attorney Nubia Gold told the Dixon City Council on Nov. 5 that the U.S. Supreme Court's recent 6–3 decision in Grama Pass v. Johnson largely returns control over public-camping rules to cities, reversing the practical limits imposed by Martin v. City of Boise.

Gold said the ruling "essentially gives local control back to local jurisdictions to authorize local agencies to enforce public camping regulations," but she emphasized that several constitutional and implementation constraints remain. She flagged selective enforcement challenges, excessive-fines litigation and due-process limits as areas that could prompt future lawsuits.

Gold reviewed policy tools that remain on the table for local governments, including narrowly tailored time/place/manner restrictions, "clean-and-clear" sweep protocols (with advance notice and item-storage procedures), and critical-infrastructure no-camping zones. She cautioned that those tools are more likely to withstand legal challenge when they are specific and provide procedural protections.

Asked about next steps, Gold recommended a targeted code inventory so council and staff can see which municipal provisions might need revision. "We could bring back a presentation that literally outlines all the applicable provisions in this universe for the council to review," she said, recommending a single follow-up report that compiles any relevant code sections and options for amendment.

Councilmembers gave mixed reactions: some urged a careful, item-by-item review of codes already on the books, while others urged a "wait-and-see" posture to watch how other jurisdictions and subsequent litigation play out before drafting new local rules.

The council did not adopt any ordinance at the meeting; it asked staff to return with a code review and options for future consideration.