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Homeless folks and their advocates sued the town of San Francisco on Tuesday, demanding that it cease harassing and destroying the belongings of individuals dwelling on the streets with nowhere to go, and with the purpose of forcing the town to spend billions of {dollars} on inexpensive properties that can hold residents housed.
The Attorneys’ Committee for Civil Rights of the San Francisco Bay Space and others filed the lawsuit in federal courtroom on behalf of the Coalition on Homelessness and 7 people who’re homeless or vulnerable to changing into homeless. Defendants embody the town, a number of metropolis departments and Mayor London Breed.
The criticism states that San Francisco “presents the picture of a caring municipality” with a plan to handle homelessness, however a long time of inaction on inexpensive housing has left 1000’s compelled to make use of tents and autos as shelter. An annual homelessness survey discovered 7,754 homeless folks in 2022 with practically 60% dwelling unsheltered.
Not solely has the town did not assemble inexpensive housing, in line with the criticism, the town makes use of heavy-handed ways to get homeless folks to maneuver, threatening to arrest or truly arresting folks, and taking folks’s belongings in early morning encampment sweeps wherein shelter isn’t supplied, as required by regulation.
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FILE – Folks sleep close to discarded clothes and used needles on a avenue within the Tenderloin neighborhood in San Francisco, on July 25, 2019. Advocates for homeless folks sued the town of San Francisco, Tuesday, Sept. 27, 2022, demanding that it cease harassing and destroying belongings of individuals dwelling on the streets and decide to spending $4 billion for inexpensive housing. (AP Picture/Janie Har, File)
(AP Picture/Janie Har)
Along with stopping unlawful practices, “we have to change the dialog round what’s inflicting homelessness right here and get to confirmed options,” mentioned Zal Okay. Shroff, senior lawyer with the attorneys’ committee.
San Francisco is amongst many West coast cities the place avenue homelessness has come more and more below fireplace, from politicians and housed residents. California Gov. Gavin Newsom, a Democrat and former mayor of San Francisco, has embraced clearing tent encampments, saying it’s neither compassionate nor protected to permit folks to stay outdoor.
However the U.S. Courtroom of Appeals for the Ninth Circuit dominated in 2018 that it is unconstitutional to quote or arrest folks for sleeping in public when there is no such thing as a shelter accessible.
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FILE – A person stands close to tents on a sidewalk in San Francisco, Nov. 21, 2020. Advocates for homeless folks sued the town of San Francisco, Tuesday, Sept. 27, 2022, demanding that it cease harassing and destroying belongings of individuals dwelling on the streets and decide to spending $4 billion for inexpensive housing. (AP Picture/Jeff Chiu, File)
(AP Picture/Jeff Chiu)
In statements, each the mayor’s workplace and the town lawyer’s workplace declined remark however mentioned San Francisco is concentrated on increasing short-term shelter and offering extra everlasting housing choices. Breed’s workplace mentioned the town has added practically 3,000 everlasting supportive housing items since 2020.
“As soon as we’re served with the lawsuit, we are going to overview the criticism and reply in courtroom,” mentioned Jen Kwart, spokesperson for the workplace of Metropolis Legal professional David Chiu.
Shroff acknowledged the courtroom can’t order San Francisco to construct inexpensive housing, however the group hopes the lawsuit will push metropolis leaders in that route.
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SAN FRANCISCO, CA – FEBRUARY 24: Homeless folks devour unlawful medication in an encampment alongside Willow St. within the Tenderloin district of downtown on Thursday, Feb. 24, 2022 in San Francisco, CA. London Breed, mayor of San Francisco, is the forty fifth mayor of the Metropolis and County of San Francisco. She was supervisor for District 5 and was president of the Board of Supervisors from 2015 to 2018.
(Gary Coronado / Los Angeles Occasions by way of Getty Photographs)
The lawsuit asks the courtroom to order the town to cease punishing homeless folks for sleeping and dwelling on public property till it has enough shelter to supply. It additionally asks the courtroom to cease the town from seizing property and to nominate a monitor to ensure the town follows via.
The seven named plaintiffs embody David Martinez, a Latino man who sleeps in a cardboard field as a result of metropolis staff hold confiscating his tent and different belongings, in line with the criticism.
Two of the plaintiffs are Black males unable to afford housing within the metropolis the place they have been born and raised. One other is a double amputee whose prosthetics have been taken by metropolis staff in June.
LOS ANGELES OFFICIALS CHALLENGE ACCURACY OF LATEST HOMELESSNESS COUNT, DEMAND AUDIT: REPORTS
An individual experiencing homelessness sleeps on the sidewalk within the Tenderloin district of San Francisco, California, U.S., on Thursday, April, 14, 2022. San Francisco was dwelling to greater than 9,800 unhoused folks as of the final launched depend in 2019, up greater than 30% from two years earlier, in line with a metropolis point-in-time estimate that’s probably a major undercount.
(David Paul Morris/Bloomberg by way of Getty Photographs)
Toro Castaño mentioned in a authorized declaration that in August 2020 he packed his belongings as ordered however metropolis staff tossed all his stuff right into a rubbish truck, together with his mom’s wedding ceremony kimono and a MacBook Professional laptop computer. They supplied him a mattress in a homeless shelter, which he declined for concern of catching the coronavirus.
“I don’t suppose it was honest to pressure me to make that tough healthcare alternative below the specter of quotation,” mentioned Castaño, who can be Latino, in his declaration.
Town doesn’t give 72 hours discover upfront of clearing an space or bag and tag property for homeless folks to gather later, in violation of its personal insurance policies, in line with the criticism. Homeless outreach staff have no idea till hours after folks have been compelled out what sort of shelter, if any, is out there that day.
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“Nobody is saying the town shouldn’t take away trash, however after we’re seeing MacBook Professionals, that’s simply straight up concentrating on of unhoused folks,” Shroff mentioned.
San Francisco has about 3,500 shelter beds, the mayor’s workplace mentioned.
The lawsuit estimates San Francisco would want to construct practically 6,700 new inexpensive items, which they estimate to value $4.8 billion, to accommodate each individual at present unhoused in San Francisco.
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