Legal Victory for Homeless People in Fresno
by Mike Rhodes
Police have been systematically destroying encampments in Fresno and seizing the shopping carts and belongings of the homeless. Mike Rhodes photoHomeless residents of Fresno won a victory in federal court on October 19. A temporary restraining order (TRO) was issued that stops the City of Fresno from seizing and destroying homeless people's property. Under this ruling, the city is prevented from using their bulldozers to destroy homeless encampments, as they have done several times recently.
The practice of attacking homeless encampments was challenged in a lawsuit filed on Tuesday, October 17. The hearing was held on October 19 before Judge Oliver W. Wanger in the U.S. District Court, Eastern District of California.
The lawsuit, filed by the Lawyers' Committee for Civil Rights, the ACLU of Northern California and the law firm of Heller Ehrman, LLP, charges that raids ordered by the City of Fresno resulted in the destruction of clothing, medication, tents and blankets, as well as irreplaceable personal possessions, family photographs, personal records and documents.
Paul Alexander, an attorney with Heller Ehrman, argued that without a TRO, Fresno was likely to continue these attacks that result in the taking and destruction of homeless people's property.
In arguments before the court, Alexander said that the Fresno Police Department had lined up homeless residents on October 11, 2006, and told them they were going to return and destroy their property. He cited a declaration from Police Captain Greg Garner stating that they have had complaints about the homeless in that area, but they have not acted yet. Alexander stated that Garner's declaration does not say they won't return and destroy the homeless people's property; it only says, "we have not acted yet."
The judge asked Fresno City Attorney Jim Betts about their "found property procedure." Betts said the City does have a policy but that he did not have it available. Both Judge Wanger and Alexander said it was unlikely that the written policy would allow for the immediate destruction of people's property by the city.
Alexander cited the Pottinger case in Miami that specifically addressed the issue of the confiscation of homeless people's property by the police. A recent case in Los Angeles was also cited as evidence that the police do not have the right to take and destroy homeless persons' possessions. Alexander said California Civil Code 2080 states that if the police take a citizen's belongings, they must give the owner every opportunity to recover them. Items must be stored for at least 90 days.
Judge Wanger said that he did not think the police should be put in the position of deciding what was valuable property or not. He said, "One man's treasure is another man's junk."
City Attorney Jim Betts claimed the homeless were illegally camping on private property and that city officials have received numerous complaints. He argued that the City of Fresno always gives written and oral warnings when a "clean up" is about to take place, and that they work with the Poverello House and Rescue Mission to make sure the homeless know when the next attack is coming.
In arguing against the TRO, Betts said it "would unduly burden the city to the point that they would not be able to respond to property owners' complaints."
Judge Wanger said that the 4th and 14th amendments to the U.S. Constitution and state law protect citizens from having their property taken and destroyed without due process, and that sometimes those rights will cost the City money, in this case for storing confiscated property.
The judge did not say that the City could not take homeless people's property, but that they can't immediately destroy it. Issuing the TRO, Wanger said, "The court does find that the property rights, shelter, clothing, ID, and other items justify the intervention."
Betts then asked the court if homeless people could be made to post a bond to insure against damages incurred by the TRO, if the city ends up winning the case. Judge Wanger pointed out that the homeless have no resources to post a bond and that the public interest would be served by waiving the bond. A court date will be set to hear arguments for the preliminary injunction in the week of November 5.
Several homeless people were in the federal courtroom when the TRO was issued. They were all excited to have won a victory in this struggle for their civil rights. As news of the TRO spread to the homeless encampments in downtown Fresno, it brought hope and encouragement to those who have suffered from the City's relentless attacks.
Homeless Camp Out at Fresno City Hall
by Mike Rhodes
There were more people sleeping under the stars in Fresno on Saturday night, October 21, than usual; and the sidewalks were equally cold and hard to both homeless people and homeless advocates who spent the night at Fresno City Hall. The camp-out began as more than 100 people came to the steps of City Hall to bring attention to the harsh conditions that homeless people experience in this city.
In addition to camping out, participants heard prayers, gave testimonials, shared food, sang, and listened to music. They were hopeful that the renewed attention to the issue of homelessness would move city officials to adopt a more humane policy.
On October 17, a lawsuit was filed against the City of Fresno because it has taken an increasingly aggressive and hostile stance toward its homeless residents. The lawsuit seeks to stop the City from taking and immediately destroying homeless people's property.
On October 19, a temporary restraining order was issued in federal court to stop city officials from using bulldozers to scoop up and destroy tents, medicine, clothing, and anything else in their path. The homeless are also constantly harassed by the police who stop and search them, run their ID through the data base for outstanding warrants, and force them from one location to another.
The police were also very present at the overnight vigil at City Hall. Police on motorcycles drove up and down the sidewalks; they were parked in patrol cars across the street; and police in bicycle teams made sweeps through the crowd. At one point, they asked for the person in charge and proceeded to warn him that the sprinklers "might" come on unexpectedly during the evening.
Food Not Bombs served food and the Sleeping Bag Project brought clothing, blankets, and sleeping bags. Anarchist collectives from Fresno and Modesto hung banners from the balcony of City Hall. The event was primarily organized by Rev. Floyd Harris, California state president of the National Action Network. Rev. Harris led a prayer at the beginning of the event which was followed by a short Native American ceremony and song. Then the entire group "This Land is Your Land."
On Sunday morning, October 22, as many homeless people and their advocates were waking up from the camp-out at Fresno City Hall, the Fresno police were busy hassling the homeless in another part of downtown. Three or four patrol cars pulled onto Caltrans land adjacent to Highway 99 near Ventura and woke up the sleeping residents.
FPD Officer Michael G. Harris, after waking everyone up, said "how soon can you get up and out of here?" He claimed that unidentified neighbors had complained and that Caltrans would be out the next day, presumably to remove them.
One police officer asked the homeless people why they did not move into the tool sheds at the Poverello House. They told him they would not put their dogs in those tool sheds, and said that residents there have no rights, are only allowed in at night, and are subject to having their property searched at any time (without due process).
This Indymedia reporter has distributed a large number of cameras to the homeless and they have begun to document the injustices taking place. The police and other city agencies will not be able to do anything without their actions being photographed.
The residents living on the public land told me they were not going to leave. One of the women said, "Where are we going to go?" Most of the open land in downtown Fresno is owned by somebody. So, anywhere you go, you could be accused of trespassing.
We talked about the possibility of staying at City Hall or Courthouse Park, but that discussion was premature. They want to see if the police or Caltrans come back and try to remove them. They will be ready with their cameras and increasing knowledge of the law.
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