On Tuesday, the Berkeley Homeless Union held a press conference at the 8th and Harrison street encampment to celebrate a victory: A federal judge permanently extended protections for union members who live in encampments.
"That means that the City of Berkeley is prevented from clearing encampments unless they comply with detailed instructions from the court," says Anthony Prince, lead attorney on the case.
The order applies to all members of the Berkeley Homeless Union — or “BHU” — though it does not explain who exactly qualifies as a member. But Prince says there are hundreds of BHU members living in at least 12 encampments across the city.
Under the permanent protections, vehicles being used as shelter cannot be impounded unless they are determined to pose a concrete safety threat. And, BHU members must be allowed to relocate during a closure, or given a replacement tent if their dwelling is destroyed. Additionally, tents taking up more than nine square feet of sidewalk space can’t automatically be destroyed for violating the city’s shared sidewalk ordinance without an individualized disability assessment.
Disabled residents who can’t move their own belongings have the right to physical relocation assistance and 90 days of property storage. The city must also provide 72 hours written notice before any property seizure or destruction.
The order denied broader relief BHU had sought, including a citywide pause on enforcement, designated encampment sites, and extended notice periods beyond constitutional minimums.
This lawsuit was filed in February, 2025 on behalf of plaintiffs living at the 8th and Harrison Street encampment. The case heated up later that year, when the city performed an early-morning encampment closure without giving prior notice, during which Berkeley police officers deployed the use of less-lethal weapons.
The city has been attempting to close the 8th and Harrison encampment for years. The August 20 ruling means Berkeley can move forward with closing the encampment — but only within the bounds of the new protections.
Erin Spencer is a plaintiff in the case and a resident at the 8th and Harrison encampment. He says he’s skeptical that the city will comply with the new order.
"The city's not listening to the currently in existence laws, uh, concerning protection of people's rights," Spencer says. "And so why are they gonna listen to the permanent injunctive relief?"
Residents have already received notice that the encampment will be closed on September 8.
The city has already appealed two earlier rulings in this case to the Ninth Circuit Court of Appeals. It is not yet clear whether they will do the same with this final judgment.
A related case, Prado v. City of Berkeley, in which Chen certified a disability class for unhoused residents of Berkeley last month, remains active and is headed toward a jury trial in 2027.
