FOR IMMEDIATE RELEASE
April 4, 2026
Federal Court Orders Berkeley to Stop Practices That Endanger Unhoused Residents
BERKELEY, CA — over the weekend, the United States District Court for the Northern District of California issued a series of rulings in Berkeley Homeless Union v. City of Berkeley and Prado v. City of Berkeley, placing significant limits on how the City enforces laws against unhoused residents and prevents the City from depriving unhoused people of their tents and vehicles.
Advocates will hold two press conferences today. First, advocates will explain the importance of the order virtually at 11am in the below Zoom link. Second, advocates will meet and in person at 5:00 p.m. at 2600 Bancroft Way in Berkeley to discuss the importance of the order and confront Mayor Ishii on her refusal to agendize for the City’s two appeals in the Ninth Circuit to the City Council. The in person press conference will occur shortly before Mayor Ishii will be present for a documentary screening on homelessness. At that event, advocates will petition the Mayor to place on the Berkeley City Council’s agenda a resolution rescinding the City’s two appeals in the Berkeley Homeless Union case in the Ninth Circuit Court of Appeals that threaten the rights of unhoused people across the Western United States.
“If Mayor Ishii does not move to rescind the City’s appeals in Berkeley Homeless Union case, she will be remembered as one of the most openly hostile mayors to the civil rights of unhoused people in California. By remaining silent while the City Attorney continues to attack basic constitutional protections, she is not neutral—she is choosing to stand behind those actions,” said Robbie Powelson, an affiliate with UC Berkeley’s Criminal Law and Justice Center. “That choice places her on the side of the Trump administration and the broader national push to erode civil rights protections for the most vulnerable.”
Yesica Prado, President of the Berkeley Homeless Union states: “”We did not win everything. But we won something that no one can take away: our homes. The Court made sure that when we leave, we can take our tents, our vehicles, and still camp with each other without facing serial evictions. That is not nothing. That is hope.” she continued “This case is not just about Berkeley. It is about whether cities can use unreasonable rules and sweeps to push unhoused people out of public spaces without ever considering their disabilities. The court said no. That is a victory for unhoused people everywhere. The City deleted the ADA accommodation advisory from its most recent eviction notice in January. They did not want us to know we have rights. But now, we know.”
Anthony Prince, attorney for the Berkeley Homeless Union described the ruling as a win for those who are protected under the Court’s preliminary injunction: “Although we are disappointed about parts of the Court’s orders, we are pleased that in his 74-page, carefully considered ruling, Judge Chen found that certain longstanding policies of the City of Berkeley violated the Americans With Disabilities Act and constituted a state-created danger. We are still reviewing the orders, but are encouraged that the Court has retained jurisdiction to make sure the City complies with the specific measures that Judge Chen has instructed be taken.”
Prince stressed that the underlying complaint is still very much alive with trial set for October. “We are going to prove that the City is a serial violator of the rights of the unhoused.”
In orders issued by Judge Edward Chen, the Court held that Berkeley may not enforce its policies in ways that deprive unhoused people of basic shelter, seize vehicles used as homes without individualized justification, or fail to accommodate residents with disabilities. While the City retains authority to regulate encampments, the Court made clear that enforcement must comply with constitutional protections and federal disability law.
Among the Court’s key rulings:
- Protection of Tents and Shelter: The Court barred Berkeley from enforcing its 3-by-3-feet encampment rule in a manner that prevents unhoused individuals from using tents. The Court found that because no tent can fit within that space, strict enforcement would effectively eliminate access to shelter and place individuals in greater danger.
- Limits on Vehicle Seizures: The Court held that vehicles used as homes cannot be towed or seized without a specific, individualized determination that they pose a concrete threat to public health or safety. The City must also consider less restrictive alternatives before taking action.
- Disability Accommodations Required: The Court ruled that Berkeley violated the Americans with Disabilities Act by failing to provide reasonable accommodations to unhoused residents with disabilities. The City must now engage in individualized assessments and provide modifications where necessary, including in the enforcement of parking and encampment rules.
“These rulings make clear that cities cannot enforce laws in ways that strip unhoused people of shelter or place them in greater danger,” said Robbie Powelson. “The Constitution and the ADA still apply, even after Grants Pass.”
The case arises from enforcement actions at the Eighth and Harrison Streets encampment, one of Berkeley’s largest unhoused communities. Residents have faced ongoing sweeps, towing and loss of essential belongings. While the Court did not prohibit the City from clearing the encampment, it imposed clear guardrails on how enforcement may proceed.
The Court’s orders come amid growing evidence that encampment sweeps increase risks of harm and death. Research cited in the litigation shows that forced displacement can disrupt access to medical care, destroy survival gear, and increase overdose risk by breaking up social networks.
Legal advocates say the rulings are among the first major federal decisions after the Supreme Court’s Johnson v. Grants Pass decision to impose meaningful limits on local enforcement practices.
“Cities can still regulate public space,” Powelson added. “But they cannot do so in a way that destroys shelter, ignores disability, or treats unhoused people as if they have no rights.”
The case will continue as the parties address implementation of the Court’s orders.
Contact:
Anthony Prince, General Counsel California Homeless Union:510-301-1472
Yesica Prado, President Berkeley Homeless Union: 773-751-9522
Robbie Powelson, media contact: 415-847-7500
Maud Kiewietdejonge -Where Do We Go (organizational plaintiff in Prado lawsuit). 510-908-3987
Recent Reporting Can Be Found Here:
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