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\n\t\tTents in Berkeley \u2013 courtesy photo\t\t<\/p>\n
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\n\t\tTents in Berkeley \u2013 courtesy photo\t\t<\/p>\n
BERKELEY, Calif. \u2014 A federal judge issued a temporary restraining order Tuesday evening protecting 18 additional residents living at the Eighth and Harrison Street encampment in Berkeley, halting a planned city eviction that had been scheduled for Wednesday morning.<\/p>\n
The order was issued by U.S. District Judge Edward Chen of the Northern District of California, and it applies strictly to individuals who have submitted disability accommodation requests through the Americans with Disabilities Act (ADA).<\/p>\n
As of approximately 8:15 a.m. Wednesday morning, city operators had not arrived to dismantle the encampment as originally planned, according to advocates connected with the Berkeley Homeless Union.<\/p>\n
A hearing to determine whether the temporary restraining order will be extended is scheduled for 11 a.m. Wednesday in Judge Chen\u2019s courtroom and will be held publicly via Zoom.<\/p>\n
According to advocates with the Berkeley Homeless Union, multiple court orders are now limiting Berkeley\u2019s ability to remove the encampment. They say that \u201cThere are now four separate restraining orders in place affecting the Eighth and Harrison encampment,\u201d advocates said in a statement released to the press.<\/p>\n
Some of these legal actions include a preliminary injunction connected to litigation that involves the Berkeley Homeless Union, along with an individual lawsuit that was filed by a resident of the encampment, and also a separate restraining order that would prohibit the seizure of vehicular homes under explicit Fourth Amendment protections.<\/p>\n
According to Anthony Prince, an attorney representing the Berkeley Homeless Union, \u201cThe city now plans to sweep the encampment before the court can rule on the issue of the ADA,\u201d Prince said. \u201cThat is bad faith, plain and simple,\u201d as stated in a recent Davis Vanguard article regarding concerns over the Berkeley encampment crisis and ongoing lawsuits.<\/p>\n
Prince has argued that the city is planning to move forward with the encampment closure before courts can rule on disability claims that were raised by the residents. The lawsuit primarily centers on whether Berkeley complied with federal disability accommodation requirements before attempting to remove residents from the encampment.<\/p>\n
According to specific filings in federal court, around 75% of residents at the encampment reported living with disabilities, a significant portion of residents. Advocates with the Berkeley Homeless Union say the removal of these residents without adequately addressing these accommodation requests could directly violate federal law.<\/p>\n
Several city officials have decided to defend the enforcement actions in the Harrison corridor, citing health and safety concerns that have been associated with the encampment.<\/p>\n
These officials have warned that the site contains \u201cserious problems such as rats and feces, rotting food, hypodermic needles and combustible materials,\u201d according to reporting by The Berkeley Scanner.<\/p>\n
Also mentioned in the Berkeley Scanner article was a city spokesperson telling reporters that officials \u201cwant safety for all \u2014 both the unhoused and the housed.\u201d<\/p>\n
The Harrison Corridor encampment has been the focus of repeated legal challenges and protests as Berkeley officials attempt to address homelessness in the area. During earlier cleanup attempts, several witnesses reported heated confrontations between police and residents of the encampments.<\/p>\n
According to KQED News, officers warned residents during one operation, \u201cGet out now. You\u2019re going to be shot with less lethal,\u201d after a video posted showed an officer pointing a less lethal rifle at a tent.<\/p>\n
In a recent ruling, Judge Chen also ordered that \u201cthe City\u2019s abatement shall cease immediately until further order,\u201d according to reporting from The Berkeley Scanner.<\/p>\n
The case remains ongoing in federal court, and Wednesday\u2019s hearing will determine whether the temporary protections remain in place while litigation continues.<\/p>\n
For now, the court\u2019s order temporarily prevents Berkeley from proceeding with the planned encampment demolition while federal judges review the city\u2019s obligations under disability law.<\/p>\n
Follow the Vanguard on Social Media \u2013 X<\/a>, Instagram <\/a>and Facebook<\/a>.\u00a0 Subscribe <\/a>the Vanguard News letters.\u00a0 To make a tax-deductible donation, please visit davisvanguard.org\/donate<\/a> or give directly through ActBlue<\/a>.\u00a0 Your support will ensure that the vital work of the Vanguard continues.<\/p>\n Categories: Breaking News<\/a> Homeless<\/a> State of California<\/a> Tags: Americans with Disabilities Act<\/a> Berkeley encampment<\/a> Berkeley Homeless Union<\/a> Edward Chen<\/a> encampment eviction<\/a> Homelessness<\/a>