SACRAMENTO, Calif. — Late Friday afternoon, a U.S. District Court Judge ruled in favor of the Sacramento Homeless Union and reinstated a temporary ban prohibiting the City of Sacramento from breaking up homeless encampments, also referred to as “sweeps.”
The Sacramento Homeless Union argued clearing homeless camps in extreme temperatures is wrong. The group successfully sued for an earlier temporary ban – citing extreme heat – spanning July 28 through Aug. 25.
Right before the temporary ban expired on Aug. 25, the Sacramento Homeless Union asked the judge to extend it through late September, citing even worse heat. The City of Sacramento fought the request.
In a court filing, the City Attorney’s Office wrote, “extending the preliminary injunction would have an extremely detrimental impact on public health and safety. The detrimental health and safety impacts would include but are not limited to all the following: An increase in human waste and refuse at numerous locations, overall increased health risks to citizens, increased risk of fires at various locations, compromised security at Sacramento Regional Transportation sites where security is provided by Sacramento Police employees, increased risk of flooding at creeks, channels, and other waterways, and an overall increase in criminal activity.”
Judge Troy Nunley ruled Friday the city is temporarily banned from “clearing encampments belonging to the unhoused," effective immediately.
The judge acknowledged the city's point but said dangers to the unhoused population outweigh public safety and health risks in this case.
"It is clear from the City’s declarations that the preliminary injunction to prevent the City from clearing encampments has a serious impact on public health and safety," he said, then adding that for the unhoused, "protection from the extreme heat could possibly be a matter of life or death...especially in light of the triple-digit weather predicted for the upcoming week."
The Sacramento Homeless Union asked for a 30-day ban, but Judge Nunley wrote “the extreme heat days in the month of September are forecasted to largely end after the third week of the month. Accordingly, the preliminary injunction will be in effect until Friday, September 23, 2022.”
The Sacramento Homeless Union also asked the judge to impose sanctions on the City of Sacramento for what it said was violation of the July-Aug. ban on clearing encampments. The judge denied that part of the group’s request in his Friday decision.
In a statement to ABC10, Sacramento Media and Communications Manager Tim Swanson said "the City currently is in the process of evaluating the information contained in the order to determine the appropriate next steps.”
The judge’s order would apply to the city’s newly passed ordinance banning camping on city sidewalks and near the entrances to businesses, however that ordinance doesn't go into effect until after the ban ends.
