Citing extreme heat, federal judge extends ban on Sacramento clearing homeless camps

Citing high temperatures forecast in coming weeks, a federal judge has extended his order that halts Sacramento officials from clearing homeless tent camps on public property.

In a 19-page order issued late Friday, U.S. District Judge Troy L. Nunley extended his previous preliminary injunction, which expired Aug. 25, to last through Sept. 23.

The Sacramento Homeless Union sought the extension, arguing that the extreme heat forecast for the region threatened the lives of homeless individuals if they are forced out of shaded area onto streets and sidewalks that are radiating heat.

Nunley agreed to extend his order, writing that “the court notes that 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 judge wrote.

The homeless union, which sued the city and county in June seeking more shelter space for homeless residents because of concerns over extreme heat, had argued in court papers that the city was continuing to clear camps despite the judge’s original order.

The group claimed that additional sweeps “will almost certainly give rise to even more widespread displacement of homeless persons from camps and locations of relative protection from the heat into more exposed, dangerous circumstances.”

The city denied it was defying the judge’s order and argued against extending the injunction, writing in court papers that it had retained a meteorologist who studied downtown Sacramento’s high temperatures from 1991 through 2021 and found that starting Sept. 1 they fall to 92.2 degrees and continue to drop, with a normal high temperature of 89.7 degrees by Sept. 15.

The review determined that between 2000 and 2021 there was an average of 17.5 days in Sacramento with a high temperature of 90 or higher.

That review “unambiguously refutes” the homeless union’s claims that the injunction needed to be extended because of anticipated “extreme heat” days in September, the city wrote in an Aug. 29 filing.

Despite that, the National Weather Service is currently warning of “dangerous heat” in Sacramento and the region through at least Wednesday and warning residents to “avoid being outdoors in the sun” from 10 a.m. to 6 p.m.

Highs in the valley and foothills are forecast to range from 100 to 115 degrees, the weather service said.

Nunley noted in his order that Accuweather forecasts issued last week showed eight of the first 10 days of weather in Sacramento were expected to include high temperatures above 100 degrees.

The judge noted evidence the city provided that homeless camps can provide public safety issues and fires, but also concluded that continuing to clear homeless camps in such heat could place residents of those areas in danger.

“The court does not take the (impact on public safety) lightly and understands the weight of issuing another preliminary injunction,” he wrote. “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.

“However, for plaintiffs, protection from the extreme heat could possibly be a matter of life or death.”

City spokesman Tim Swanson confirmed Sunday that the city had received the judge’s order and noted in an email that Nunley had rejected the homeless union’s request for sanctions for allegedly violating the previous order.

“The city on Friday received the court’s order, which extends the injunction until Sept. 23,” Swanson wrote. “The order also denies the plaintiffs’ motion for sanctions against the city for prior violation of the previous preliminary injunction.

“The city currently is in the process of evaluating the information contained in the order to determine the appropriate next steps.”

This story was originally published September 4, 2022 at 10:21 AM.