Judge dismisses San Bernardino homeless lawsuit, lifts injunction

The city of San Bernardino can resume homeless encampment removals following the dismissal of a lawsuit and lifting of an injunction last week.

U.S. District Judge Terry J. Hatter dismissed a suit by the American Civil Liberties Union and lifted an injunction prohibiting the city from doing homeless encampment cleanups. The judge’s actions follow an agreement between the city and ACLU on updated policies on how cleanups are conducted.

“This is the number one concern we hear from our residents,” San Bernardino Mayor Helen Tran said in a statement. “The lifting of the injunction gives us options for addressing unhoused individuals and their property compassionately as we clean up our parks.”

In January, Hatter issued a preliminary injunction that stopped the city from conducting encampment cleanups.

“Since word of the injunction spread, the number of tents at city parks grew significantly, with very few homeless individuals willing to accept alternative housing solutions,” according to a statement by city officials, who added that “usage of the parks by residents has declined and conditions at many parks has deteriorated.”

Officials said cleanups at parks will resume in the upcoming weeks. Notices will be posted at locations scheduled for cleanup operations.

“We have been able to codify and clarify many of our encampment cleanup policies to protect our homeless residents as well as city staff and contractors,” Acting City Manager Rochelle Clayton said in a statement.

Updates to the encampment cleanup policy include a disabilities coordinator, a newly created position tasked with overseeing requests by disabled individuals for reasonable accommodations before and during an encampment cleanup.

Officials also agreed to provide training in the city’s policy and procedures for all city employees and contractors participating in cleanups.

The city has also developed a flyer to inform unhoused individuals about the city’s encampment cleanup policy.

“The lifting of the injunction gives us the opportunity to clean up our parks,” Mayor Pro Tem Fred Shorett said in a statement. “But we have to do that with compassion and with thought about where these people will go.”

The city has committed nearly $60 million in local, state, federal and private grant funding to address homelessness, including the construction of two full service, comprehensive homeless housing facilities, the creation of a homeless outreach team, and funds for hotel vouchers to be issued to augment local shelters while the new facilities are being built.

“This is not something that will be completed in a day, in a week, or even a month,” Tran said. “But together with our county and community partners, we are committed to providing a pathway to services, opportunity, and housing.”

San Bernardino County recently was among 18 municipalities in California to receive nearly $131 million from the state to clean up encampments and help house former encampment residents.

More information on the city’s homeless services are online at sbcity.org/city_hall/community_development_and_housing/housing/homeless_solutions.