Judge denies homeless nonprofit from getting involved in Sacramento DA’s case against city
A Sacramento judge Friday denied a Bay Area nonprofit’s request to get involved in Sacramento District Attorney Thien Ho’s lawsuit against the city of Sacramento.
The Berkeley-based Disability Rights Education and Defense Fund asked Sacramento Superior Court Judge Jill H. Talley to allow it to participate in the case, as an intervenor. The nonprofit was seeking to enter the case on behalf of four disabled homeless people in Sacramento who would be affected if the city increases homeless camp clearings, citations and arrests.
Talley declined the request because the case is on a six-month pause, called a “stay,” until Feb. 1.
“It’s not even active,” Talley said during a court hearing Friday. “There’s a second amended complaint on file, but no response. So there’s nothing to intervene in.”
The city and DA’s office could settle the case, and if so, the nonprofit could file a challenge at that time, Talley said.
Erin Neff, attorney for the Disability Rights Education and Defense Fund, argued that any settlement talks taking place during the stay would benefit from having the organization involved, which is only possible if they receive intervenor status.
“I think it would behoove the parties involved, if they cared about unhoused people, to have people with lived experience to participate in any proposed settlements,” Neff said during the hearing.
There are at least 2,900 homeless people with disabilities in Sacramento, according to the latest census count.
After hearing the arguments, Talley ruled that the nonprofit would not join the case.
The next hearing in the case is set for Feb. 21.
Ho originally filed the lawsuit in September 2023 alleging the city was causing a public nuisance by allowing homeless camps to exist on public property, and also violating a state law by allowing camps along creeks. Talley in May ruled the lawsuit could move forward, but it had to be scaled down to remove the public nuisance claim, due to the separation of powers between the government and the DA. Ho’s amended complaint again including the public nuisance claim, as well as the claim relating to creeks.
Creeks on city property, such as Morrison Creek, flow to the Sacramento and American rivers. But the county, which is in charge of large sections of the American River Parkway, where thousands of people camp on the riverbanks, is not named as a defendant in the lawsuit.
Many homeless people who do want to go to a shelter are unable to do so. The city’s roughly 1,300 shelter beds are all typically full, with a waitlist topping 2,300.
City Attorney Susana Alcala Wood has accused Ho of suing the city because he plans to run for attorney general, possibly against Mayor Darrell Steinberg — an allegation Ho has denied.
Ho in August criticized city leaders for not issuing enough homeless people criminal misdemeanor citations, including fines, for blocking sidewalks.
On Dec. 10, a new mayor for the city will take office. Assemblyman Kevin McCarty, who is endorsed by Ho, has said the city should enforce the U.S. Supreme Court Grants Pass ruling, which allows cities to clear homeless people off public property even if a shelter bed isn’t available for them. His opponent, Flojaune Cofer, has called such so-called sweeps “harmful.” The city’s protocol around encampment clearings has largely been determined by City Manager Howard Chan. If McCarty wins, he has said he would support keeping Chan in his post another year, while Cofer disagreed.
This story was originally published November 15, 2024 at 12:46 PM.
