SACRAMENTO, Calif. (CN) — A federal judge on Wednesday extended his injunction preventing the city of Sacramento from sweeping homeless encampments, saying it will remain in place for another two weeks.
U.S. District Court Judge Troy Nunley issued the first injunction Aug. 3, agreeing with the Sacramento Homeless Union that the intense heat warranted a 14-day halt to encampment sweeps. On Wednesday, the judge pushed the deadline through Aug. 31.
“The court takes judicial notice of National Weather Service data, which state that the monthly highest maximum temperatures for the Sacramento area have historically occurred during the months of June, July, August, and September,” Nunley wrote in his decision.
The judge also said the homeless union could ask the injunction to be reinstated once it expires, while providing more information about the weather forecast at that time.
Nunley issued a similar order prohibiting sweeps of homeless encampments during the same time last year. Both orders stem from a lawsuit filed in 2022 by the Sacramento Homeless Union suing the city and county for endangering houseless people by displacing them from shaded lodgings during a 2021 heat wave.
Attorney Anthony Prince, who represents the homeless union, said he’d “almost certainly” ask for an extension.
“We’re very pleased with the judge’s ruling,” he said. “This is just totally irresponsible on the part of the city.”
A city spokesperson couldn’t be reached for comment by press time.
In the most recent decision, Nunley made changes to the restrictions against the city from clearing unhoused encampments. The city is allowed to remove trash and debris, and ensure at least four feet of width is unobstructed on sidewalks. Unhoused people on a sidewalk should also be given the chance to comply with the city’s sidewalk ordinance.
Additionally, the city must allow a representative of the homeless union, and others, to tour Miller Park and its facilities.
Sacramento established the Miller Park “safeground” encampment in 2021. However, temperatures neared 120 degrees in tents on asphalt at the park. Residents went for hours without water or food, the homeless union said in its suit.
Nunley in his Wednesday decision said the city has agreed to have pop-ups over tents with little to no shade. Sacramento also offered alternative tents — made of canvas or another material — to better protect from the heat.
The judge also ruled that Sacramento can enforce its critical infrastructure ordinance, which prohibits camps on or near certain spots, but only on encampments within 500 feet of a school.
In a related issue, Nunley on Wednesday also addressed the Sacramento Homeless Union’s request to find the city in contempt for violating the the Aug. 3 injunction against removing unhoused encampments. The judge ruled the city must respond by Aug. 23 and show why it shouldn’t be held in contempt and sanctioned for the violation.
In a filing last week, Prince said the city removed people on Aug. 4 and Aug. 7 from City Hall property. The city has said it told employees about the judge’s order. However, ineffective communication with a contractor and its employees led to an oversight on those two days. The situation had since been fixed.
Prince on Wednesday said the injunction applies not just to the city’s workers, but also its agents and contractors. Intent is not required for a contempt citation.
“If the city will not or cannot insure compliance at the building that houses its entire administration — City Hall — how can the court and the plaintiffs be assured that it is insuring obedience anywhere else in Sacramento?” Prince wrote in his request for Sacramento to show cause why it shouldn’t be held in contempt.
The Sacramento Homeless Union requested attorney’s fees and court orders to ensure the city complies and faces consequences for additional violations.
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