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Chico's Homeless Win Preliminary Injunction---Will Santa Cruz Take a Similar Path?

RN
Robert Norse
Sun, Jul 11, 2021 6:54 AM

The grim news of sweeps removing homeless-run encampments in Sausalito and San Rafael, as well as the RV rousts in Seaside, in recent weeks is now counterbalanced by a ray of light from a federal court in the Warren v. City of Chico case, which I transcribe here.  In mid-December, City Manager Martin Bernal unilaterally sent in Andy Mills' SCPD last December to oust the homeless population living in San Lorenzo Park, ignoring the winter weather, COVID crisis, and lack of City shelter.

Bernal and his staff had decreed such removals with false promises of adequate alternative shelter and services from the Benchlands, 1220 River St., Ross Camp, and Phoenix Camp in prior years.

In response, community organizations set up their own tents and showed up in large numbers to interpose themselves between armed police and the threatened homeless residents. A day later the California Homeless Union and its attorney Anthony Prince got a TRO (Temporary Restraining Order) blocking the removal. The order was turned into a longer term Preliminary Injunction on January 20th.

In negotiations with the City, Prince agreed to squeeze the homeless encampment into the Benchlands in March where it has grown over the last few months receiving limited support from City authorities and from Food Not Bombs and other charitable groups.

"Given the great disparity between the number of beds and the number of unhoused persons, the Court need not get into the weeds of whether the existing beds are “practically available.” There was simply not enough shelter available for the community to opt to enforce its criminal sanctions."    --quote from the decision

TO READ JUDGE MORRISON'S DECISION GRANTING THE PRELIMINARY INJUNCTION, GO TO "The Chico Decision-Hope for the Homeless in Santa Cruz" AT https://www.indybay.org/newsitems/2021/07/10/18843676.php .

The grim news of sweeps removing homeless-run encampments in Sausalito and San Rafael, as well as the RV rousts in Seaside, in recent weeks is now counterbalanced by a ray of light from a federal court in the Warren v. City of Chico case, which I transcribe here. In mid-December, City Manager Martin Bernal unilaterally sent in Andy Mills' SCPD last December to oust the homeless population living in San Lorenzo Park, ignoring the winter weather, COVID crisis, and lack of City shelter. Bernal and his staff had decreed such removals with false promises of adequate alternative shelter and services from the Benchlands, 1220 River St., Ross Camp, and Phoenix Camp in prior years. In response, community organizations set up their own tents and showed up in large numbers to interpose themselves between armed police and the threatened homeless residents. A day later the California Homeless Union and its attorney Anthony Prince got a TRO (Temporary Restraining Order) blocking the removal. The order was turned into a longer term Preliminary Injunction on January 20th. In negotiations with the City, Prince agreed to squeeze the homeless encampment into the Benchlands in March where it has grown over the last few months receiving limited support from City authorities and from Food Not Bombs and other charitable groups. "Given the great disparity between the number of beds and the number of unhoused persons, the Court need not get into the weeds of whether the existing beds are “practically available.” There was simply not enough shelter available for the community to opt to enforce its criminal sanctions." --quote from the decision TO READ JUDGE MORRISON'S DECISION GRANTING THE PRELIMINARY INJUNCTION, GO TO "The Chico Decision-Hope for the Homeless in Santa Cruz" AT https://www.indybay.org/newsitems/2021/07/10/18843676.php .