HOMELESS
strictly enforcing no-camping ordinances without providing alternatives. She told them the courts had ruled that “you cannot make being homeless, in and of itself, a crime.”
The board struck down the proposal to turn Whiteaker Hall into a shelter, and instead drafted a homelessness management plan, which included the formation of a citizens’ committee to consider shelter sites. The committee has met three times so far.
District Judge Troy Nunley’s ruling acknowledged that there is no fundamental right to housing, though there is liability where a state or local official acts to place a person in a situation of known danger with deliberate indifference to their personal and physical safety.
“Here, the court notes the possible harm in temporarily restraining the enforcement of the ordinance will hamper the county’s ability to promote the public health, safety, and general welfare,” according to the ruling. “However, the county’s interest in cleaning up the river bottoms is outweighed by plaintiff’s interest in their personal property and their constitutional rights.”
The county has until Thursday to “show cause” for why the restraining order should not continue. The plaintiffs can file a response or opposition by March 29, and a decision will be made April 5.
Hiller said if the judge rules in favor of the plaintiffs, it’s likely the order would remain in effect until the conclusion of the lawsuit.
The lawsuit asks for a permanent injunction restraining the city and county from enforcing the no-camping laws, from seizing and disposing of individuals’ property, and for other relief as the court deems proper.
Sutter County Administrative Officer Scott Mitnick said Monday that the county will fully comply with the court order and that it has already notified the Sheriff’s Office.
“The approved long-term homelessness management plan is still to be adhered to; the exception would be the portion in which staff was directed to enact the no-camping ordinance,” Mitnick said Monday.
Mitnick said the county has hired an outside firm to help it do an analysis for the response.
“We’re exploring our options and county counsel will respond accordingly,” he said.
Sutter County Undersheriff Jeff Pierce confirmed that the department had been notified of the order, and said the department will comply. Deputies last served 10-day notices on March 8, the day before the suit was filed, he said.