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Lawsuit filed to block ouster of Santa Rosa homeless camps (Constitutional issue?)
Press Democrat ^ | 31 Mar 2018

Posted on 03/31/2018 7:52:42 AM PDT by rey

Homeless advocates filed a lawsuit Friday to block Sonoma County and Santa Rosa from shutting down the two large encampments that have grown in southwest Santa Rosa, arguing that forcing people out of their camps without providing an acceptable alternative would be unconstitutional.

The county has given homeless people until Tuesday to leave the two tent villages on Sonoma County Community Development Commission land behind the Dollar Tree store in Roseland.

The suit sets up a high-profile showdown between homeless advocates, who argue that local governments are doing too little to help people in need, and agencies that say they are trying to provide housing for the homeless but must close the camps because of safety concerns and future plans for the site.

“We’re not saying that everyone needs to stay there forever,” said Jeffery Hoffman, with California Rural Legal Assistance in Santa Rosa. “What we’re saying is we need to figure out a way to accommodate everybody in a fashion that works.”

A tent village originally took root on the site in 2015. The number of residents has grown to about 100 people since Santa Rosa began clearing out other long-time homeless camps and the October wildfires ravaged parts of the city.

ounty officials want to clear out the camps to move forward with a redevelopment project that envisions a 175-unit apartment complex, a public plaza and more. In advance of the shutdown, the county has been operating a housing navigation center on the property in an effort to find housing and other services for the residents.

But the lawsuit filed Friday contends those efforts have been insufficient, especially when it comes to people with disabilities. The suit was filed in U.S. District Court in San Francisco by a group of attorneys with experience representing the powerless.

(Excerpt) Read more at pressdemocrat.com ...


TOPICS: News/Current Events
KEYWORDS: constitution; homesless
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You have to read down a fair bit to find out they are claiming 4th and 8th amendment violations over not being allowed to set up and maintain an encampment where ever they choose. This is public property but I wonder what the eventual impact to private property owners will be when these folks camp out on private property or even refuse eviction from a property they had previously rented?
1 posted on 03/31/2018 7:52:42 AM PDT by rey
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To: rey

These are all STATES’ issues. They are NOT constitutional issues and the feds have no say.


2 posted on 03/31/2018 7:55:30 AM PDT by Jim W N
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To: rey

All power to bums.

What we’ve become.


3 posted on 03/31/2018 7:56:18 AM PDT by onedoug
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To: rey
local governments are doing too little to help people in need

Why do we just take it as axiomatic that it is the government's job to "help people in need?"

4 posted on 03/31/2018 7:57:55 AM PDT by IronJack (A)
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To: rey

>>This is public property but I wonder what the eventual impact to private property owners will be when these folks camp out on private property or even refuse eviction from a property they had previously rented?<<

I know a BEAUTIFUL spot in Malibu I can pitch a tent tomorrow.

Sounds like sqautter’s rights wherever you toss your hat.


5 posted on 03/31/2018 7:58:11 AM PDT by freedumb2003 (robert mueller is an unguided missile)
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To: rey

Grandad said beck in his day they were referred to as: bums, hobo’s, vagrants. Beat cops in NYC would keep them moving along not letting them stay more than ten minutes in one spot; until along came the ACLU and liberals.


6 posted on 03/31/2018 8:02:13 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: rey

The Judge just needs to issue an Order requiring ALL Members of these Groups to open up their own homes and wallets to care for these people.


7 posted on 03/31/2018 8:02:41 AM PDT by eyeamok (Tolerance: The virtue of having a belief in Nothing!)
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To: SkyDancer

It’s like a Steinbeck novel.


8 posted on 03/31/2018 8:03:25 AM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: DIRTYSECRET

Pretty much. One of my favorite films we watch from time to time is: My Man Godfrey. Says it all about hobo camps.


9 posted on 03/31/2018 8:05:23 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: rey

“This is public property”

Unless public property = a federal open homesteading area, I don’t think a Constitutional argument is there.


10 posted on 03/31/2018 8:10:40 AM PDT by LouieFisk
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To: rey

“The suit sets up a high-profile showdown between homeless advocates, who argue that local governments are doing too little to help people in need...”

This tells me everything I need to know.


11 posted on 03/31/2018 8:10:52 AM PDT by Blue Collar Christian (Socialism is for losers.)
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To: Jim 0216

Send the campers to Nancy & Paul’s house....
Plenty of room in the vineyard to pitch a tent or two.


12 posted on 03/31/2018 8:11:31 AM PDT by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: rey

Did some remodel work out in Santa Rosa December before last. Stayed at the Best Western. There was a Kmart behind us, so we would walk there to shop. Could not go 20 yards past the motel property without seeing or stepping near a little homeless campground.

The only one I helped was the guy with a guitar and a blues singing heeler dog named Buddy.


13 posted on 03/31/2018 8:11:52 AM PDT by waterhill (I Shall Remain, in spite of __________.)
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To: SkyDancer

Another thing. It’s bad for business. That includes big businesses like Dollar Tree. Do you think the local managers to these places are entitled to express their concern? Far away CEO’s don’t care. How many 99 cent scans do the cashiers do in an hour just to make sure they are not one of these people? Needles, syringes, excrement and the advocates think they’re entitled to more. Send in the cops. Then watch what happens when those ‘advocates’ interfere with them.


14 posted on 03/31/2018 8:14:39 AM PDT by DIRTYSECRET (urope. Why do they put up with this.)
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To: rey

Process them all for county welfare. Either they’re eligible for Section 8 housing and all the goodies or they’re not. Done.


15 posted on 03/31/2018 8:16:19 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: rey

Why not put the genuinely incapable people into mental institutions, as we used to do?

Oh, yeah, liberal groups like ACLU filed suits against mental institutions on the basis that they amount to incarceration without due process. Declaring it unconstitutional to commit those who are incapable of taking care of themselves does not, of course, make them suddenly capable. Hence, the huge increase in homelessness.


16 posted on 03/31/2018 8:16:34 AM PDT by exDemMom (Current visual of the hole the US continues to dig itself into: http://www.usdebtclock.org/)
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To: IronJack
Why do we just take it as axiomatic that it is the government's job to "help people in need?"

"We" do not take that as axiomatic.

But the "products" of current America's public education system think there is such a right...just as they think their lives matter because of their race.

17 posted on 03/31/2018 8:17:56 AM PDT by Rapscallion (The tragedy of politics is that it can make good people hate each other.)
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To: rey
”The forced eviction and arrest of the residents of the village without being given a legal location to live and sleep violates the 8th Amendment, which prohibits cruel and unusual punishment,” Roman said in a statement. “Seizing and destroying personal property violates their rights to be free from unlawful searches and seizures under the 4th Amendment.”

So vagrancy law enforcement cannot be carried out unless the government relocates the homeless at a Holiday Inn Express indefinitely, and provides laundry and storage for their property?

18 posted on 03/31/2018 8:18:35 AM PDT by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: Oldeconomybuyer

“So vagrancy law enforcement cannot be carried out unless the government relocates the homeless at a Holiday Inn Express indefinitely, and provides laundry and storage for their property?”

Perhaps we should treat them like skunks; pack them and all their crap in a bus and drop their stinking butts in the woods out of town.


19 posted on 03/31/2018 8:23:09 AM PDT by Blue Collar Christian (Socialism is for losers.)
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To: DIRTYSECRET

Here locally in Seattle the governing bodies tell the businesses to clean up their own parking lots from the “homeless” - like they camp on Walmart property and they’re told to clean up the mess rather than the government doing something other than collecting taxes for “the homeless”; then too, just because they’re ‘homeless’ doesn’t mean they have to live like pigs.


20 posted on 03/31/2018 8:23:31 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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