LAST JUNE, THE U.S. Supreme Court docket dominated that it isn’t unconstitutional “cruel and unusual” punishment for a metropolis to implement “anti-camping” legal guidelines towards people who find themselves residing on metropolis streets, even when there isn’t a obtainable shelter.
However whereas that case settled an vital concern it didn’t finish litigation towards cities introduced by folks experiencing homelessness, as town of Berkeley is aware of.
The Berkeley Homeless Union, a membership group made up of people who find themselves or have been homeless, sued Monday in federal courtroom in Oakland to enjoin Berkeley from sweeping an encampment within the a number of block space round Eighth and Harrison streets.
There’s historical past right here. In September, a number of months after the Supreme Court docket determination, the famously liberal Berkeley handed a decision that mentioned it could not sweep encampments until it was capable of provide shelter to the displaced folks. Nonetheless, that common proposition was topic to a number of exceptions.
Among the many exceptions had been encampments that posed a well being or security hazard.
On Jan. 7 of this yr, town posted discover that mentioned officers had visited the location and located “significant health and safety hazards.” The discover recognized “loose and scattered syringes,” “rodent harborage conditions” and “unmitigated human and animal waste.”
The discover directed that the nuisance circumstances be abated by Feb. 10, or town would achieve this by eradicating the entire property remaining on the website. The discover added that after abatement, town supposed to declare the realm a “no-lodging area” so the encampment couldn’t return.
The discover made clear that anybody who didn’t adjust to the order can be topic to quotation or arrest and their private property topic to quick removing.
A homeless encampment close to the intersection of Eighth and Harrison streets in Berkeley seems in a July 2024 Google Avenue View picture. (Google picture)
A gaggle of the encampment residents filed an administrative attraction and undertook a serious cleanup of the location. In accordance with Yesica Prado, a consultant and member of the union, folks residing within the encampment spent two weeks “just cleaning up nonstop” and finally eliminated “more than 3,000 pounds” of particles from the location.
The listening to officer mentioned it wasn’t sufficient and on Jan. 31, town posted a second discover saying that it supposed to proceed.
Alleging a ‘state-created danger’
The union’s lawsuit raises two key claims. First, it argues that the sweep constitutes a “state-created danger” in violation of the due course of clause of the 14th Modification. Second, it asserts that of the 47 folks within the encampment, 31 endure disabilities, and as a “reasonable accommodation” town ought to permit them to stay the place they’re.
On the state-created hazard concept, the plaintiffs level out that vast storms are anticipated through the subsequent few days with freezing temperatures, excessive winds and flooding, and the plaintiffs don’t have any protected place to go. They allege that the displacement will sever reference to their help group they depend on for meals, well being care and medicines. They imagine that sweeping the location will endanger their lives.
Yesica Prado, consultant and member of the Berkeley Homeless Union, stands outdoors of the RV the place she lives in Berkeley on Feb. 13, 2025. “I’m just praying that things will be OK. I have not been able to sleep the last few days with this,” she mentioned of the union’s lawsuit towards town. (Joe Dworetzky/Bay Metropolis Information)
On the second concept, Prado says that thus far, 16 of 31 disabled residents have requested town to supply a “reasonable accommodation” that might allow them to stay on the website till an Individuals with Disabilities Act-compliant various turns into obtainable. In accordance with Prado, town’s incapacity officer has rejected the entire requests.
The union has requested the courtroom to concern a short lived restraining order to protect the established order pending a full listening to.
At current, no listening to has been scheduled.
Whereas the uncertainty could be very worrying, Prado is concentrated on the courtroom case. She is likely one of the founders of the union and could be very concerned in urgent the lawsuit.
She mentioned, “I’m just praying that things will be OK. I have not been able to sleep the last few days with this.”
Prado, 30, has an uncommon backstory, one which illustrates the big selection of people that might be experiencing homelessness.
Prado is presently residing in her leisure car on the facet of Eighth Avenue close to the intersection with Harrison.
She attended journalism faculty on the College of California, Berkeley, graduating with a grasp’s diploma in 2018. Alongside the way in which she confronted the laborious alternative of paying lease or tuition and selected the latter. That meant that she gave up her condo and commenced residing in a RV.
She has been residing within the RV ever since, and during the last seven years she has skilled first-hand the life of 1 who’s experiencing homelessness.
However regardless of her circumstances, Prado has been working as a journalist since graduating. Her space?
Homelessness.
She says, “There is so much to write about.”
She desires to know who’s accountable for making the choices which have created the circumstances she sees out of her door.
She can be attempting to analyze the place the assets supposed for the homeless are going, “because,” she says, “I can tell you that they are not landing here on the street.”
The town of Berkeley didn’t instantly reply to a request for remark.
