City Anti-Camping Law Argued Before Justices : Courts: Constitutionality of ordinance barring homeless from Santa Ana Civic Center to be determined.

SANTA ANA —  By the city’s own estimate, there are 3,000 homeless people living here, and about 300 shelter beds to house them. The rest usually sleep on public property--despite the threat of arrest.

It’s a stark dilemma that is at the heart of a legal dispute that on Wednesday came before the 4th District Court of Appeal here. Justices heard arguments on the constitutionality of a city ordinance used to keep the homeless from sleeping in the downtown Civic Center and other areas.

The city is barred from enforcing the ordinance until the appellate court issues its decision, expected within 90 days.

“Our central problem with the Santa Ana anti-camping ordinance is it effectively criminalizes the very act of being homeless,” said attorney Harry Simon of the Legal Aid Society of Orange County, which represents the more than 100 homeless people cited under the ordinance.

Opponents contend that the ordinance is unconstitutional. Attorneys for the city and the Orange County district attorney’s office--which is prosecuting the homeless--say the ordinance is a valid tool to handle the problems caused by the growing number of homeless people in the area.

“The city of Santa Ana shouldn’t be required to abdicate the Civic Center to a new republic not subject to its laws,” Deputy Dist. Atty. Tom Dunn said.

The public policy question of how to find a permanent solution to the homeless problem is nearly lost in the debate over constitutional issues, noted Justice Sheila Prell Sonenshine, who along with the other justices directed sharp questions toward government attorneys.

“Where are those 2,660 people supposed to go?” asked Justice Thomas F. Crosby Jr., noting the lack of shelter beds in the city.

“Where?” Crosby repeated, as Assistant City Atty. Robert Wheeler grasped for a response before admitting, “I don’t know.”

Crosby also questioned why county prosecutors--and not the Santa Ana city attorney’s office--are handling the citations.

Crosby wondered aloud what Dist. Atty. Michael R. Capizzi will say to residents in other cities who learn that homeless people driven from Santa Ana will be forced to take up residence in their neighborhoods.