Utah Supreme Court throws out homelessness lawsuit against Salt Lake City

SALT LAKE CITY (ABC4) — A lawsuit against Salt Lake City over its handling of homelessness has been thrown out by the Utah Supreme Court.

On Sept. 28, 2023, several Salt Lake City residents filed a complaint against Salt Lake City alleging they were “prisoners in their own homes,” due to the city allowing them to engage in public camping.

The complaint also cited behaviors of unsheltered populations such as public urination and use of illegal drugs as evidence of the city’s failure.

On April 4, 2024, the district court ruled in favor of the city arguing that city, “owed no duty to the [residents] individually, apart from its general duty to enforce laws and to protect the public.”

The original lawsuit named nine plaintiffs, who appealed the district court decision all the way up to the supreme court who affirmed the lower district court’s dismissal.

“We acknowledge the difficult realities that residents are experiencing due to the actions unsheltered people are taking on and near their properties. But our sincere sympathy to those difficulties cannot dictate how we apply the law,” the court decision reads.

Complainants cited what’s known as the “public duty doctrine,” a legal principle that allows governments to perform duties without fear of civil liability. However, the court found the argument insufficient.

“The public duty doctrine exists to preclude claims against government actors for any alleged failure to adequately perform their public duties,” the court said. “Residents have not shown that the city owed them any unique duty beyond what it owes to all people within city limits.”