Several businesses in Berkeley, California, including a winery and a brewery, have filed a lawsuit against the City of Berkeley for its failure to remove homeless encampments near them. The lawsuit was brought by eight businesses, who claim that the presence of these encampments has hurt their profits. The plaintiffs argue that the city should be required to follow the same nuisance laws that private landowners must adhere to, while also maintaining its streets and public rights of way free from obstructions caused by homeless encampments. The businesses claim that over the past few years, the city has allowed encampments to remain in several areas, including Harrison Street and along Codornices Creek.
The businesses allege that the city allowed these encampments to remain in place despite shelter space being available. The lawsuit also mentions that the U.S. Supreme Court has provided municipalities the authority to remove public encampments, regardless of whether alternative space is available or not. The businesses believe that the city has refused to act due to fears of litigation from advocates for those living in RVs and those who are homeless. By filing the lawsuit, the businesses are seeking court intervention to require the city to follow the law and remove the encampments, so that neighborhoods can be free of public and private nuisance conditions.
Despite the city having shelter space to offer, the businesses claim that the city has not taken any action to address the encampments. With the Supreme Court’s decision earlier this year affirming cities’ authority to remove homeless encampments, the businesses are hopeful that the lawsuit will compel the city to address the issue. One attorney involved in the case mentioned that a successful legal strategy was deployed in Phoenix, and they are optimistic it will work in Berkeley too. The businesses are represented by legal firms from Sacramento and Arizona and are seeking to compel the city to clean up the encampments plaguing the area.
One of the businesses involved in the lawsuit, Boichik Bagels, has expressed frustration with the city’s failure to address the homeless encampments near their establishment. Despite efforts to work with the city, the conditions have not improved, forcing the business to pursue legal action. The business owner stated that the street is filthy, unsafe for customers and staff, and overall affecting their operations. While the business owner acknowledges the need for shelter and support for unhoused residents, she is critical of the city’s lack of action in improving the conditions in the area.
Homeless encampments are a growing problem across California, with increasing numbers of homeless individuals in the state. Governor Gavin Newsom has taken steps to address the issue, threatening municipalities with loss of state funding if they do not clean up encampments. However, homelessness has continued to increase in the state under Newsom’s leadership. The state has allocated billions of dollars towards addressing homelessness, but a recent audit found that the state task force overseeing homeless programs failed to track the funds effectively. Despite efforts to address the crisis, homelessness remains a significant challenge in California, with local governments primarily responsible for implementing programs to tackle the issue.
