An already complicated—and tragic situation—becomes even more so.
The consequences of legalizing over-night camping in the North Sacramento area where many homeless currently camp illegally on the Parkway could be devastating to the already threatened habitat and recreational environment.
Lawsuit targets homeless policy
By Denny Walsh - Bee Staff Writers
Published 12:00 am PDT Thursday, August 2, 2007
The way the city of Sacramento and Sacramento County treat homeless people is unconstitutional, according to a lawsuit to be filed today in federal court.
Attorney Mark Merin is seeking to have his lawsuit certified as a class action on behalf of people living "without fixed nighttime shelter" -- as well as homeless people who have had personal property confiscated and destroyed.
Merin said the city and county have historically recognized that there aren't enough beds for the homeless, yet have failed to produce long-term remedies.
Merin said Wednesday he would like local government to follow the city of San Diego's example by imposing a moratorium on the arrest of homeless people, allowing them to sleep in public places between 9 p.m. and 6 a.m. Those arrangements were negotiated to settle a number of lawsuits, he said.
According to Merin's lawsuit, local ordinances prohibiting homeless people from sleeping outside violate the Fourth Amendment to the U.S. Constitution because they punish people for being homeless.
It also claims the practice of taking and destroying personal property, "including necessary survival gear, as well as irreplaceable prescription medication, paperwork, memorabilia, valuables and tools," violates their rights.
The suit seeks an injunction barring the city and county from continuing policies and practices alleged to be unconstitutional.
It also seeks damages of no less than $4,000 for each time a homeless person who qualifies as a class member was cited for sleeping outdoors or had personal property seized and destroyed.
Sacramento City Attorney Eileen Teichert said the city is "looking into these allegations."
"I'm surprised and shocked at them," Teichert said. "During my year and a half in this job, I've been very impressed by the humane outreach efforts to the homeless by the city. It is one of the few cities in the state that has an element in its housing plan for low and very low income people.
"This city is exemplary in its treatment of the homeless."
Sacramento County Counsel Bob Ryan, Sheriff John McGinness and Police Department spokesman Sgt. Matt Young declined to comment Wednesday.
Last year, a sweep of homeless camps in northern Sacramento County was preceded by posting of information about where the homeless could receive help if they were interested in getting off the streets.
