Federal judge blocks Berkeley from closing homeless encampment

OAKLAND, Calif. (CN) — A federal judge on Friday granted a temporary restraining order that will stop the city of Berkeley from sweeping a homeless encampment located at the intersection of 8th and Harrison streets.

U.S. District Judge Araceli Martinez-Olguin wrote that the class action plaintiffs, who are unhoused individuals living in tents at the encampment, are likely to suffer “substantial adverse effects” if the encampment is torn down.

Two of the plaintiffs are physically disabled, Martinez-Olguin wrote. They were told that the only shelter they could use is the Old City Hall in Berkeley, which neither can access because of their disabilities. 

“Plaintiffs have shown that there are serious questions going to the merits, i.e., whether the city’s planned course of action—evicting disabled, unhoused individuals from a site without indicating where they may lawfully relocate and without addressing their respective disabilities and limitations—violates plaintiffs’ constitutional rights,” Martinez-Olguin wrote.

The lack of easy access to alternate shelter tips the balance of hardship “sharply” in plaintiffs’ favor, the judge said.

“On the other hand, the hardships to the city are minimal. After plaintiffs are removed, the city plans to fence-off the site of the encampment and make needed repairs. Then, the owners of the abutting property at 930 Harrison Street will install a ‘planting strip,’” Martinez-Olguin wrote.

The temporary restraining order will only delay those cleaning plans for four days, until Dec. 19, when a hearing on the temporary restraining order will take place.

The city had argued that the case is moot and the court should not issue the requested relief because plaintiffs had vacated the encampment.

Martinez-Olguin disagreed, writing, “in deciding a mootness issue, the question is not whether the precise relief sought at the time the application for an injunction was filed is still available. The question is whether there can be any effective relief.”

The judge explained that the case is still live because plaintiffs have moved back into the 8th and Harrison encampment, thus the challenged action has not evaporated.

The plaintiffs say that on Dec. 5, 8, and 11, the city posted several notices stating that the unhoused residents in the area would be subject to an encampment closure action beginning Dec. 12.

The notices were posted on 8th Street between Cordonices Creek and Harrison Street, on property located on the East side of 8th Street between Harrison and Gilman Streets, and on the East and West side of 8th Street between Harrison Street and the UC Village, according to the plaintiffs.

Afterhours, on Dec. 11, the plaintiffs filed a motion for a temporary restraining order requesting that the court stop the city from closing the encampment and removing residents’ possessions until the city could provide “more stable housing and a property preservation plan.”

In September, the City of Berkeley was ordered to leave the encampment alone after homeless residents filed for a restraining order. The city planned to abate the camp, and gave residents only three days’ notice to leave with their possessions.

Later in September, U.S. Senior District Judge Edward Chen lifted the temporary restraining order after setting guidelines for the city to provide acceptable shelter for residents of the camp.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit