Talk about being stuck between a rock and a hard place. Unsheltered women who had formed an unlawful encampment in a gated parking lot for homeless, sober women and their families, have been forced to move.
According to plaintiffs, they believe that homelessness should not be criminalized, and they should be allowed to stay in their encampment because no other viable alternatives exist. They based this claim on the recent Ninth Circuit ruling in Martin v. City of Boise, which prohibits criminalizing sitting, sleeping or lying outside on public property if there is no shelter space available.
City to Hold Belongings for Sixty Days
Residents of the encampment also claimed the eviction was a violation of their 14th Amendment rights to due process, since Oakland has a “pattern and practice” of unlawfully seizing and destroying property while clearing other homeless encampments. But Judge Gilliam said that the city promised to keep all property left behind for 90 days and offered to help move belongings. Therefore the Judge denied the preliminary injunction on this order too.
If you or someone you love is homeless, and are being hassled by police when there is no place to go, contact a local civil rights attorney. You may be able to find some shelter, at least from the long arm of the law.
Related Resources:
- Find a Civil Rights Attorney Near You (FindLaw’s Lawyer Directory)
- Is It Illegal to Be Homeless? (FindLaw Blotter)
- Homeless Could Be Added to CA Hate Crime Laws (FindLaw Blotter)
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