Homeless activists sue Sacramento to block ballot measure that would allow sweeps
A group of Sacramento homeless activists is suing the city of Sacramento, urging a judge to pull a measure from the November election that would empower officials to clear certain encampments.
Five Sacramento homeless advocacy nonprofits filed the lawsuit Tuesday in federal court. They’re represented by civil rights lawyer Mark Merin. In addition to the city, the lawsuit names City Manager Howard Chan, City Clerk Mindy Cuppy, and Sacramento County Registrar of Voters Courtney Bailey-Kanelos as defendants.
The organizations allege that the measure is unconstitutional and would violate a 2018 decision by the 9th Circuit Court of Appeals that determined governments cannot criminalize people for living outdoors when there is no indoor shelter bed available.
The lawsuit argues that placing the measure on the ballot would be a “waste of taxpayer funds” because it conflicts with the 9th Circuit ruling, which is known as Martin vs. Boise.
The measure city voters will consider Nov. 8 would empower the city to clear groups of four or more from camping on public property, even if there is no indoor or outdoor shelter space available. It would also require the city to identify up to 600 new shelter beds or spaces, but those do not have to be indoors.
The lawsuit seeks an emergency order from the judge to block the measure from appearing on the ballot and also stop the county from mailing voters information about the measure in its voter guide. The voter guide content has to be finalized by the end of August, said Janna Haynes, county spokeswoman.
Amanda Blackwood, president and CEO of the Sacramento Metropolitan Chamber of Commerce, said the measure would not violate the Boise decision.
“We have worked hand in hand with top legal experts in the state to craft this specific approach and we are confident that the shelter required and methodology adopted in our measure will meet all Boise test requirements,” Blackwood, a proponent of the measure, said in a statement.
Homeless measure linked to county services
Blackwood was part of a campaign that gathered signatures to place the measure on the ballot as a citizens initiative. Daniel Conway, who was chief of staff to former Mayor Kevin Johnson, led the effort. Joshua Wood of Region Business also supported it.
That group stopped gathering signatures in April when the City Council by a 7-2 vote agreed to put a version of their concept on the ballot.
The council last week further modified the ballot measure by linking it to a proposed agreement with Sacramento County. Now, if voters pass it, it would only take effect if the county commits to providing more substance abuse and mental health services for the homeless.
Blackwood said she expects the city and county partnership agreement should be completed by Sept. 30.
Sacramento business groups to defend measure
The business groups said they’ll work with the city to defend the ballot measure.
“At this point we have a shared destiny and responsibility with the city on our mutual goal of passing Measure O. We will do everything in our power to defend the measure, especially against an opposition group that has focused on suing solutions instead of presenting them,” Wood said in a written statement.
Councilwomen Katie Valenzuela and Mai Vang voted against both the measure and the amendment, raising some of the same concerns as the activists.
The lawsuit plaintiffs include the Sacramento Homeless Union, Sacramento Area Congregations Together, Sacramento Regional Coalition to End Homelessness, Organize Sacramento and the Sacramento Housing Alliance.
Earlier this month a federal judge barred the city from clearing tent encampments until at least Aug. 25, the result of a homeless union lawsuit.
This story was originally published August 16, 2022 at 12:00 PM.
