Sacramento district attorney overreaches on the homeless debate – Press Enterprise

A nasty battle between the Sacramento County district attorney and Sacramento’s mayor has caused statewide reverberations because it raises the question of the proper use of prosecutorial power. The dispute centers on the seemingly intractable homelessness problem and the ineffective response by politicians and local bureaucracies.

In early August, District Attorney Thien Ho sent a letter to Mayor Darrell Steinberg that, as the AP summarized, “threatened to press criminal charges against city officials under state public nuisance laws if they don’t implement a slew of changes within 30 days, including a daytime camping ban.” In response, Steinberg accused Ho of engaging in political theater and defended the city’s policies.

Having the DA threaten such prosecutions and wade into public-policy debates is an unproductive overreach and an approach other cities ought to avoid. Nevertheless, we understand Ho’s frustration given that DAs are responsible for prosecuting homeless-related crime — and they are on the front line of complaints from residents and business owners.

“It’s not ideal, but I think people are at their wit’s end,” said Orange County District Attorney Todd Spitzer, who told us that he knows and highly respects both men. “It’s really up to policymakers to address the issue,” he agreed. But Spitzer understood Ho’s exasperation. He suggested that he form “an advisory committee to help him interface with local officials.”

And Spitzer, who serves on his county’s homeless commission, notes that Steinberg, who advises the governor on homeless issues, is in a position to lobby for effective changes to state laws that are hampering local efforts (such as removing restrictions on government’s ability to force homeless people who commit crimes into rehabilitation). These are productive observations.