FRESNO, Calif. (FOX26) \u2014 A Fresno attorney is asking a federal judge to step in and block the city\u2019s anti-camping law, arguing the policy unfairly targets people experiencing homelessness, and violates their constitutional rights.<\/p>\n
Attorney Kevin Little announced he served the City of Fresno with a federal lawsuit in U.S. District Court, challenging the city\u2019s anti-camping law. The law bans sitting, lying, sleeping or camping on public property at any time. It applies to sidewalks, parks, and carries penalties of up to one year in jail and\/or a $1,000 fine.<\/p>\n
“This policy is not about your housing status. It is about behaviors.”<\/p>\n
Fresno City Council President Mike Karbassi said. <\/p>\n
There are certain behaviors that are permitted in public, and certain ones that aren\u2019t.<\/p>\n
The lawsuit names two unhoused men: Wickey Twohands and Joseph Quinney, both of whom were cited earlier this year under the anti-camping law. Twohands made headlines earlier this year as the first unhoused person to be prosecuted by the City Attorney\u2019s Office under the new law. <\/p>\n
Twohands\u2019 case was thrown out of court after a judge ruled that city prosecutors violated Twohands\u2019 right to a speedy trial. Little says Quinney’s prosecution under the anti-camping law was also dropped before trial.<\/p>\n
Little argues the law fuels harmful stereotypes about people without housing.<\/p>\n
\u201cThere is a presumption that everyone who is unhoused is on drugs, are mentally ill, or doesn\u2019t work,\u201d Little said. \u201cAnd Mr. Twohands is an example of that not being the case.\u201d<\/p>\n
Little said he hopes the court will strike down the ordinance and force the city to rethink how it addresses homelessness.<\/p>\n
\u201cWhat we\u2019re hoping is if we can have a court declare these laws unconstitutional on any of the bases that we\u2019re asserting, it\u2019s going to force the city to deal with these issues in a more meaningful way,\u201d he said. <\/p>\n
City leaders pushed back, pointing to years of funding for housing and homelessness services. Karbassi said the city plans to aggressively fight the lawsuit.<\/p>\n
We\u2019re going to vigorously defend this,\u201d <\/p>\n
he explained, adding that what hurts the city are <\/p>\n
\u201cfrivolous lawsuits that cost the taxpayers thousands of dollars that can go towards shelter beds.<\/p>\n
Little said at a news conference on Friday that he is prepared to take the case \u201cas far as it needs to go.\u201d<\/p>\n