SACRAMENTO, Calif — A federal judge ruled against a group of homeless Sacramento residents on Monday when she announced that the city would not be ordered to leave two privately funded porta-potties at an encampment.
The lawsuit filed last week by civil rights attorney Mark Merin sought a restraining order against the Sacramento Police Department, which removed two porta-potties that were donated to a few dozen homeless residents living at an encampment along North B Street.
Merin filed the lawsuit after the two women replaced the original toilets officers had removed.
U.S. District Judge Kimberley J. Mueller denied Merin's request for a restraining order, saying that it's "not clear if the plaintiffs have a federal case."
"Between a constitutional right that appears not to exist, and generalized public health threats to an undefined community, plaintiffs have not met their burden of establishing a likelihood of irreparable harm," Mueller wrote.
Merin had no immediate comment in response to the judge's ruling, but in an interview with ABC10 last week, he said removing the portable toilets is "against human dignity."
"How could you possibly defend depriving people to use a bathroom, when at the same time, we're complaining about E-Coli polluting our rivers and streams," Merin argued. "This is a way to stop it."
In a statement to ABC10 News, City Attorney Susana Alcala Wood said the city appreciates the judge's fast ruling in the case.
"Addressing the needs of people experiencing homelessness is one of the most pressing priorities for the Mayor and Council, reflected by the multi-pronged approach being actively pursued by the City," Alcala Wood said. "We appreciate the Court’s ruling and the swift resolution of this motion. The City will continue to keep its focus on housing people and providing them with the supportive services they need to maintain long-term stability."
The city recently approved a contract to install a bathroom at Cesar Chavez Park in Downtown Sacramento, miles away from where the homeless encampment is located.
Residents of the encampment said they have to walk at least a mile for the nearest public restroom.
READ MORE ON THE HOMELESS CRISIS:
- Seniors on the streets: Growing number of older people in Sacramento are experiencing homelessness
- California just finished counting its homeless — a tally sure to be inaccurate, and politically weaponized
- Proposal would build transitional housing for women and children. So why do some Sacramento residents oppose it?
- Sacramento declares shelter crisis following concerns over tiny home evictions
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