SAN FRANCISCO (CN) — A federal judge said that the City of Berkeley has made a “strong showing that it met its constitutional obligation” by offering non-congregant housing to two residents of a homeless encampment on 8th and Harrison Streets in the city.
The city plans to shut the encampment down, but U.S. District Judge Araceli Martinez-Olguin granted a temporary restraining order last Friday filed by Lewanda Parnell and Michael Douglas, both residents of the camp. Parnell and Douglas claimed that because of their physical and mental disabilities, the housing that the city was offering was inadequate.
In a hearing late Thursday afternoon, U.S. Senior District Judge Edward Chen said that once the city installs grab bars in the bathroom of the hotel room offered to Parnell, he will terminate the temporary restraining order. Parnell needs any prospective shelter to have the grab bars because she suffers from mobility problems that cause her to fall. The city says the grab bars should be installed for Parnell in the next few weeks.
Chen also asked for the city to provide a comprehensive set of rules to Parnell and Douglas so their mental disabilities do not get them kicked out of the provided housing.
Emily Rose Johns, counsel for Parnell and Douglas, said that in addition to the grab bars for Parnell, she was also requesting permission for Parnell to store a camping stove in the room because she is paranoid of others preparing her food.
“The campstove is only useful if you also have a gas can with it. So we’re talking about now bringing flammable, potentially explosive objects of unknown quality or level of repair into the building and that is not going to be allowed,” Berkeley attorney Marc Shapp said.
Chen said he understood why Parnell would request the stove, but “my authority is to enforce the law with respect to any constitutional minimum … At some point, it’s going to be a hard sell to say the Constitution requires X, Y, and Z,” Chen said.
Shapp said that the case was “frustrating,” because the city was going “above and beyond” to accommodate Parnell and Douglas, and that Parnell’s previous declarations said she accepted meals prepared by others, contradicting her need for the gas stove. He said the hotel would provide her three meals per day along with a microwave, and said he was tired of single issues slowing the case down and preventing resolution.
“This is transitional housing to provide services, including attempting to get people into permanent housing. And it’s not going to have all the bells and whistles of a private home,” Shapp said.
“I agree, that’s not a reason not to move forward. I’m not gonna keep an injunction in place for an extended time over one issue,” Chen said.
Johns said that she was also worried about what would happen to residents of the encampment once the city cordons off the area, as there are still tents there right now.
Shapp said that the court does not have the jurisdiction to consider the potential claims of other people who were not before the court.
“There’s no issue before the court with regard to those people,” Shapp said.
Chen agreed, telling Johns that those people were free to file any action at any time they felt their rights were being threatened.
Johns then asked for a minimum notice of 72 workday hours when the city attempts to clear the camp. She said the city frequently gives notice on weekends, prompting her to scramble.
Shapp replied that notices were the “last and final warning,” and only come after months of trying to get people into shelters.
Chen said that Shapp should consider Johns’ request, however, because he is going to be more likely to grant temporary restraining orders in any future action if eviction notices are given under short time frames.
Chen said he will issue a written order in the coming days and that he hopes it works out for the two residents.
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