Good Evening (or hopefully Good Morning),
In the aftermath of Grants Pass v Johnson, the City of Berkeley is attempting to reverse their position to not sweep unhoused residents without first providing access to shelter. On the agenda for this coming Tuesday, September 10, 2024, is an agenda item (Item #37) that as drafted so broadly that it would allow the city to target any unhoused individual who is encamped or living in their vehicle for an immediate sweep without providing them any place to go, subject unhoused individuals who are unable or unwilling to relocate with arrest or the issuance of a citation, and would allow the City Manager’s office to promulgate regulations without public input or debate and without City Council’s prior approval.
Berkeley’s City Manager’s office has aggressively targeted two encampments whose residents are disproportionately Black and/or identify as having a disability. The City, despite two current lawsuits, one a proposed class action, could move forward and sweep individuals before the cases against them have resolved. The City Manager’s office has consistently acted in a manner that discriminates against those with disabilities, failing to accommodate those with disability related needs in their enforcement actions. And there are already resolutions on the books, that even after public debate, make it impossible for someone who is unhoused and unsheltered to comply with local laws. The City Manager’s more recent attempts to get council approval on proposed resolutions have stalled in committees or after public outcry. If this resolution passes, all bets are off and the City Manager’s office will have succeeded in a power grab that will literally endanger the lives of unhoused residents and will result in the office ordering immediate sweeps with impunity – they are doubling down in an apparent belief that they can survive legal challenge.
Please join us on behalf of your respective organizations and sign onto the letter, which is in near final form. You can sign onto the end of the letter or respond to this email letting me know you would like to sign on, by providing me with the name(s) you would like to have on the letter on behalf of your organization. We also welcome suggested edits. We would appreciate your sign on by Monday at 10:00 am. so our letter can be included in Monday evening’s supplemental agenda packet.
Please let me know if you think there are additional organizations we should reach out to, and please encourage any individuals you serve with lived experiences to submit their own written or oral comment in opposition to this agenda item in a way that uplifts their voice and experience.
In Solidarity,
Sabyl Landrum (she/her)
Clean Slate/Homelessness Practice
Senior Staff Attorney/Clinical Supervisor
East Bay Community Law Center | ebclc.org
510-269-6639 | 2921 Adeline Street, Berkeley, CA 94703
Twitter: @EbclcNews | Facebook: @ebclc | Instagram: @eastbayclc
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