SANTA CRUZ – A federal judge this week resolved a lawsuit against the city of Santa Cruz, first filed after it announced plans in December to dismantle a large homeless camp in San Lorenzo Park.
The dismissal, jointly moved last week by city attorneys and plaintiffs Santa Cruz Homeless Union and Food Not Bombs, and individuals Alicia Avalos, Hannah Hegel, Chris Ingersoll and Randolph Tolley, requires each party to pay their own legal bills. According to the defendant’s attorney, Anthony Prince, the case was dismissed unscathed, which means the same plaintiffs can return to court and re-assert the same claims and possibly additional claims against the defendant.
“We view this case as a victory for the Homeless Union and the homeless community,” Prince wrote in a statement to the Sentinel. “For half a year in the middle of the COVID-19 pandemic, we prevented the city from scattering the homeless onto the streets, where they would be exposed to a dangerously increased risk of damage. We look forward to future cooperation with the city on homeless issues. However, the city has so far rejected our proposal to set up a formal joint union-city committee on housing and homelessness. For this reason, among other things, we are pleased that the city has decided and judge Van Keulen has agreed to dismiss him without prejudice, as we must very well return to court if the situation so requires. “
Prior to formalized approval of the dismissal on Monday, Northern District Justice Susan van Keulen lifted restrictions on clearing the city’s warehouse effective July 1.
City spokeswoman Elizabeth Smith said there are no immediate plans to liquidate the city park camp, although the regular autumn rainstorms that hit the flood plain where the camp is located will likely mark a natural end date if city authorities are not otherwise instructed. A sentinel census in the area earlier this month counted around 230 visible tents in the area.
“We are pleased that the injunction has been dismissed and the case closed,” said Smith.
The camp, which was moved from the upper park area to a lower, city-approved area along the river banks earlier this year, could also be dismantled under the terms of the city’s camping service and standards ordinance.
The new Camping Ban Ordinance, which bans sleeping places outside of specially designated, not yet officially announced places, will only come into force when the city draws up a planned program for safe sleeping and storage. In the meantime, the city’s staff will continue to support the camp with hygiene services and water, and will continue to hire camp stewards, according to the City Manager’s July 2nd newsletter. Smith said the Santa Cruz City Council will likely receive an update on the progress of the storage and safe sleeping programs at its next meeting, scheduled for Aug. 10.
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