The Sun (Lowell)

Hub sued on Mass and Cass

ACLU calls plan for troubled area ‘harmful and unconstitu­tional’

- By meghan ottolini and amy sokolow

The ACLU has brought a lawsuit against city officials on behalf of three homeless people previously living on the streets of Mass and Cass, calling their recent sweep of the area “fundamenta­lly unlawful.”

“This plan is harmful and unconstitu­tional because it forces people to disperse with no safe place to sleep, while disconnect­ing them from the medical care they are able to receive at Mass. and Cass. Indeed, it’s inconsiste­nt with City assurances, public safety and the law,” American Civil Liberties Union Massachuse­tts chapter executive director Carol Rose said, in a statement.

Acting Mayor Kim Janey is named in the class action complaint, as are Boston Police acting commission­er Gregory Long and Boston Public Health Commission Executive Director Bisola Ojikutu.

Officials began clearing out encampment­s around Massachuse­tts Avenue and Melnea Cass Boulevard last week, where scores of homeless and drug-addicted people and been living in tents.

According to the complaint filed by the ACLU, that cleanup forced about 350 people out of their temporary shelters “without any meaningful or individual­ized process to ensure” that they “have access to available housing arrangemen­ts or shelter that can reasonably accommodat­e their needs.”

The Herald was on the scene during the first days of the sweep and observed outreach workers and health commission employees assisting people living on the street with collecting their belongings into plastic bins. They also engaged in conversati­ons about where their belongings would go, but some individual­s said they were taken by surprise by the short notice to move and said they felt their options were limited.

The lawsuit against the city alleges the plan violated the homeless individual­s’ constituti­onal rights, citing cruel and unusual punishment as well as unreasonab­le search and seizure that resulted in the damage and loss of the homeless individual­s’ property.

“For example, any personal property that did not fit into a small City-provided plastic bin was thrown into a city trash truck. In addition, even though the removal occurred in the rain, on informatio­n and belief, City representa­tives refused to permit storage of any personal possession­s that were wet,” the complaint alleges.

Law firm Wilmerhale joined the ACLU in the filing and asks the city not only to allow homeless people to return to the area, but to also award monetary compensati­on to the three individual­s named for “intentiona­l destructio­n of their personal property.”

 ?? Matt stone / boston herald file ?? a bruised, battered Wendell Wilson sticks his head out of his tent last month knowing he needs to vacate the area of the methadone mile.
Matt stone / boston herald file a bruised, battered Wendell Wilson sticks his head out of his tent last month knowing he needs to vacate the area of the methadone mile.

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