Judge Dismisses Homeless Lawsuit, Lifts Injunction against the City of San Bernardino

The City of San Bernardino has announced that U.S. District Judge Terry J. Hatter has dismissed a lawsuit by the American Civil Liberties Union and lifted an injunction prohibiting the City from conducting homeless encampment cleanups. This follows an agreement reached between the two parties that updated City policies on how cleanups are conducted.

The announcement was made at a press conference held at the San Bernardino City Hall on Wednesday, October 2, before a large gathering of media, local officials, and community members. 

“This is the number one concern we hear from our residents,” said San Bernardino Mayor Helen Tran, who was joined at the press conference by members of the San Bernardino City Council.  “The lifting of the injunction gives us options for addressing unhoused individuals and their property compassionately as we clean up our parks.”

In January, Judge Hatter issued a preliminary injunction prohibiting the City of San Bernardino from conducting encampment cleanups. Since word of the injunction spread, the number of tents at City parks has grown significantly, with very few homeless individuals willing to accept alternative housing solutions. As a result, usage of the parks by residents has declined and conditions at many parks has deteriorated. 

The City anticipates that encampment cleanups at its parks will resume in the coming weeks, starting with the posting of advance notices at locations where cleanups are planned to take place.

At the press conference, City officials distributed copies of an updated policy for conducting encampment cleanups.

“We have been able to codify and clarify many of our encampment cleanup policies to protect our homeless, their belongings, as well as City staff and contractors, said San Bernardino Acting City Manager Rochelle Clayton.

Among the updates to the encampment cleanup policy are:

• The City has designated a Disabilities Coordinator to oversee requests by disabled individuals for reasonable accommodations before and during an encampment cleanup.
  
• The City will train all employees and contractors participating in a cleanup in the City’s policy and procedures.
  
• The City has developed a flyer to inform and educate homeless individuals about the City encampment cleanup policy.

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

The City of San Bernardino has committed nearly $60 million in local, state, federal, and 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,” added Tran. “But together with our county and community partners, we are committed to providing a pathway to services, opportunity, and housing.”