The Berkeley Homeless Union, a membership organization made up of people who are or have been homeless, sued Monday to enjoin Berkeley from sweeping an encampment in the several block area around Eighth and Harrison streets.
The union's lawsuit raises two key claims. First, it argues that the sweep constitutes a "state-created danger" in violation of the due process clause of the 14th Amendment.
Second, it asserts that of the 47 people in the encampment, 31 suffer disabilities, and as a "reasonable accommodation" the city should allow them to remain where they are.
Last September, the City of Berkeley passed a resolution that said it would not sweep encampments, unless it was able to offer shelter to the displaced people. However, that general proposition was subject to several exceptions.
Among the exceptions were encampments that posed a health or safety hazard.
But last month, the city posted a notice that said officials had visited the site and found "significant health and safety hazards."
A group of the encampment residents filed an administrative appeal and undertook a major cleanup of the site. But the hearing officer said it wasn't enough.
On January 31, the city posted a second notice directing improvements be made by last Monday, or the city would remove all of the property remaining at the site. The notice added that after abatement, the city intended to declare the area a "no-lodging area."
The City of Berkeley did not immediately respond to a request for comment.
