San Luis Obispo loses motion to dismiss homeless rights suit

February 10, 2022

Trash and debris from a homeless encampment covered public land and open space near San Luis Creek

By JOSH FRIEDMAN

A federal judge this week rejected a motion filed by the city of San Luis Obispo seeking to dismiss a lawsuit over homeless individuals being allowed to sleep in tents and vehicles. [KSBY]

Last September, a group of homeless individuals, along with the nonprofit Hope’s Village of SLO, sued the city in federal court, asking that San Luis Obispo’s homeless population be granted the right to sleep in tents and vehicles in public places without facing destruction of their property, harassment, fines and criminal charges. The San Luis Obispo City Council has passed multiple ordinances barring overnight access to parks and public spaces.

Even though San Luis Obispo has a policy of not destroying personal property seized during raids of homeless encampments for at least 60 days, the city has repeatedly discarded items such as tents, cooking utensils and sleeping bags, the lawsuit alleges. The suit accuses the city of violating the Eighth Amendment by punishing people for being homeless and the Fourth Amendment for seizing and destroying personal property, as well as the California Constitution’s prohibition against cruel and unusual punishment.

On Dec. 8, the city filed a motion to dismiss the case. The city denied it criminalizes homelessness and alleged the lawsuit aims to prevent officials from enforcing SLO’s health, safety and environmental protection ordinances for public spaces.

In the aftermath of a judge ruling against the motion to dismiss, the city has until Feb. 22 to file a response to the lawsuit.


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IDBOUND

If I tried to camp anywhere I want to …I would be ordered to move along to somewhere else and receive a ticket for trespassing


805thirdeye

If only there was somewhere in SLO where someone with private property was trying to help with the homeless population and create self-responsibility thru temporary shelter! But wait?!! There is someone, except the City of SLO and people like Demko and Richardson developers see $$$$$$$$$$$ Look at the housing off south Higuera, at Margarita, you don’t think developers want to do the same with that prime property in between the Twisselmam’s and Madonna @ Laguna? Homelessness is a developers boondoggle in getting what they want in SLO why does SLO have a huge poblem with Dan’s Sunny Acres?!!!!!!! Let them live on Sunny Acres private property and I imagine the homeless issues in public spaces would dissappear. Ready for the down votes for a solution to SLO’s homeless population in 5, 4, 3, 2 …. not that I care. Follow the money. P.S. Those taxidermy animals are gonna haunt you new homeowners who have sprawled along the hillside as I doubt the developers had the forethought to have a Shaman bless the land they built those cracker jack houses upon despite giving the street names of berries and sage.


805thirdeye

I always forget about demko’s parent wendy spradlin who (unlike when her kids were growing up) appears to have her hands in everything presently. Looks like her property La Familia Ranch / Brookshire Farms pumpkin patch needs to be reaccessed to be brought current with current tax laws. One would think that would have been accurately done in order to DBA Brookshire Farms. Undoubtedly her Goldman Sachs NY educated wealth management son has advised her properly on managing her wealth. Is she still teaching at Cal Poly as well? Gotta get that nice state retirement. In five minutes I’ve found one record where SLO has verbally transposed in a video recording the last two numbers of a permit number compared with the permit number on file, with SLO Planning. After all, her father played a bad guy in ‘The Godfather’. Life imitates art, tulip lovers.


sweethome

Ain’t it the truth Florian75! Whatever happened to peace and love?


copperhead

Next they will have the right to “camp” on private property, which they pretty much do do without deterrent now. Victory in this lawsuit could be the straw that finally completely wrecks San Luis Obispo.


805thirdeye

Victoria’s Secret ruined SLO.


Florian75

The good intentions of environmental preservation & protection efforts of the 1970’s, 80’s & 90’s are being thwarted and held hostage by the same folks who turned their attention to solving the long-term societal decay they initiated as drug indulgent, ”anything goes” brats in the 1960’s.


Jorge Estrada

Unfortunately many with mental issues collect stuff and that is the way it is, just like in the picture. The answer is to fund highly regulated options to invalidate any right to trash our public spaces. If we don’t the much large pile of stuff in the Santa Maria River (within San Luis Obispo County) will become our City’s tourist attraction. The other option may be to sell the public spaces to various non-profits for one dollar in-order to negate the unsightly public entitlement.


robdadbod

I was just about to comment and, not kidding, not hyperbole- I have a guy with two overloaded shopping carts, one with a little wagon tied to it, rolling down past my office in downtown SLO.


805thirdeye

Santa Maria riverbed will only be addressed if a developer wants the land.


Mitch C

The city should enact a camping tax. Currently if you park your car in SLO you pay a parking fee either at a meter or in a garage. Likewise if you park your butt you should be charged a like fee. It takes taxpayer dollars to cleanup homeless camps, those that create the problem should be responsible for the cleanup.