Homeless union drops lawsuit against SLO County but plans new complaint
May 18, 2024
By JOSH FRIEDMAN
A group of homeless individuals who formerly lived at the safe parking site off Highway 1 near the San Luis Obispo County Sheriff’s Office has dropped its lawsuit against the county and the Community Action Partnership of San Luis Obispo (CAPSLO). However, the group intends to file a new suit against SLO County and possibly other defendants. [Tribune]
Established in 2021 as a temporary safe parking site during the pandemic, the county began taking steps last year to close the site.
In January, a homeless union attorney filed a lawsuit on behalf of 10 former safe parking residents seeking an injunction to delay the closure of the site on the grounds that closing it would violate the homeless individuals’ 14th Amendment rights.
In February, a judge granted a temporary restraining order that delayed the site’s closure. However, Central District Judge Andre Birotte Jr. did not grant the injunction, ruling that residents had plenty of opportunities to relocate and had agreed to several relocation deadlines in the past.
Earlier this month, SLO County agreed to give $60,000 to the group of 10 homeless people who remained at the safe parking site. Then on May 6, following the departure of the final 10 residents, SLO County officials closed the site.
On Thursday, the homeless union agreed to dismiss its lawsuit. With the parking site now closed, the union did not see a point in continuing its existing litigation, said Anthony Prince, the union’s attorney.
But, the union now intends to seek damages related to misuse of funds and wrongful conduct onsite by the county and CAPSLO. Additionally, a potential suit could name new defendants, including Johnboy’s Towing and several county employees involved with the site. Johnboy’s Towing profited from a county contract to move several vehicles from site, Prince alleges.
Likewise, additional homeless individuals living in SLO County could join a new case as plaintiffs.
The union intends to sue the county again in late June or early July. The new suit would challenge the constitutionality of parking and camping restrictions, which was not the main thrust of the previous lawsuit, Prince said.
Last summer, a San Luis Obispo County Grand Jury report called out the SLO County Department of Social Services and CAPSLO for failing to accomplish tasks they were paid to perform at the county’s safe parking site and for refusing to hand over records.
Multiple members of the safe parking community contend CAPSLO’s failures hampered their ability to move into housing. For example, CAPSLO was paid to help residents register their vehicles, a contracted service CAPSLO allegedly failed to perform.
The grand jury found that those managing the site were unsuccessful at helping the majority of its participant households successfully transition to permanent housing. With a transition rate of 14%, the county safe parking site fell well below the median rehousing rate of 40% found in a 2021 nationwide study of 43 safe parking programs, according to the grand jury report.
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