Bozeman’s Homeless Problem: How a San Francisco Court Decision Made It Worse

May 5, 2026

Progressive policies and activist judges tied local governments’ hands for years — and Montana is still paying the price.

Bozeman homelessness crisis worsened by San Francisco 9th Circuit Martin v. Boise ruling

For years, Bozeman residents have watched the homeless problem grow. Urban camping exploded along city streets and public rights-of-way. In 2023, the city counted nearly 300 people living in vehicles, tents, and makeshift camps. Even after the city passed a new urban camping ordinance in late 2024 and reduced visible encampments, the overall number of people experiencing homelessness in Gallatin County continues to rise.


Why has this been so hard to fix?


The answer goes back to a controversial court decision from the San Francisco-based 9th Circuit Court of Appeals. In the 2018 case Martin v. Boise, activist judges ruled that cities and states cannot criminalize sleeping or camping in public if there are not enough shelter beds available. This ruling applied across the entire 9th Circuit — including all of Montana.


For years, this decision effectively gave people experiencing homelessness a constitutional “right” to live on sidewalks, in parks, and on public property. Local governments in Bozeman and across Montana had their hands tied. They couldn’t enforce basic anti-camping laws without first guaranteeing shelter space for every single person — an impossible standard that progressive advocates and left-leaning judges loved.


The result? More visible encampments, more public safety issues, more strain on local services, and more frustration for working families and businesses in Bozeman.


Thankfully, the U.S. Supreme Court finally overturned the worst parts of the Martin ruling in 2024 (City of Grants Pass v. Johnson). Cities now have more tools to address street camping and protect public spaces.


But the damage was already done. Years of progressive policies — from activist court decisions in San Francisco to local leaders who prioritized ideology over practical solutions — helped create and prolong the problem we see today in the Gallatin Valley.


Montana didn’t choose this path. Progressive left policies and out-of-touch court rulings imposed it on us.


The only way to keep pushing back is to elect leaders who put public safety, personal responsibility, and Montana values first.



Vote Republican on June 2 — and keep Bozeman and Gallatin County focused on real solutions.

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