Suit: City allows homeless camp in North Sacramento park while clearing camps in richer areas
A property owner is suing the city of Sacramento alleging the city is allowing homeless encampments and trailers in a North Sacramento park, but clearing camps from parks in more affluent neighborhoods.
City officials are choosing not to enforce codes — such as a code prohibiting loitering in parks from sunset to sunrise — at Johnston Park in North Sacramento, a federal lawsuit filed last week by Daniel Alweiss alleged. Alweiss owns a vacant lot at the southeast corner of the park.
“(City officials) unfairly apply Municipal Code sections to keep squalor housing and violent vagrant tenants from living in City Parks, and being de facto park residents, in wealthier and non-Black and non-Brown neighborhoods throughout the City of Sacramento, but intentionally treat Johnston Park as a squalor residence for violent vagrants, drug addicts, and psychiatrically impaired residents to live in because the majority of people who live on Eleanor Avenue are black or brown, and not politically connected like the residents who live near William Land Park ... or McKinley Park,” the lawsuit read.
Homeless residents bathe, burn items, defecate, run generators, park trailers and urinate in the park, the lawsuit alleged.
The city declined comment on the lawsuit because it has not yet been served with it, city spokesman Tim Swanson said.
On Tuesday morning, about eight tents were set up in the grass and at least two dozen RVs lined Eleanor Avenue, which borders the park. It was unclear whether the tents were on park property or Alweiss’s property.
Nikia Isles, who has been living in an inoperable RV parked outside the park for about 10 months, said it would be difficult if she had to move. She feels safe on the street because it has street lights, while many streets in the city do not, she said.
“I grew up in this neighborhood,” said Isles, 37. “I’m used to this neighborhood.”
Steve Watters, executive director of First Step Communities, which is also named as a defendant and runs a tiny home village adjacent to Alweiss’ property, said the organization is aware of the encampment in the park, but has no authority over it. The tiny home village, which serves homeless young people, is set to expand with help from the city.
Alweiss plans to build an assisted living facility for low-income seniors on the property and filed an application with the city to do so in 2019, but the city has not yet scheduled a hearing, the lawsuit alleged.
The lawsuit claims violations of the 14th amendment, a public and private nuisance, a state-created danger, inverse condemnation and other claims.
The lawsuit also names PG&E, which owns a natural gas storage facility on the border of the park, as a defendant. It also names Assistant City Manager Chris Conlin; Mario Lara, the city’s director of youth, parks and community enrichment; Shannon Brown, interim director of parks and recreation; three police officers; St. Paul Church of God-Christ, which owns the land where the tiny home village sits, and its pastor Larry K. Joyner.
PG&E is currently reviewing the allegations in the complaint, the company said in a statement. St. Paul Church of God-Christ did not immediately return a call seeking comment.
This story was originally published November 19, 2021 at 5:00 AM.
