Attorneys representing homeless people want the judge in a south Orange County federal lawsuit to shut down a month-old outdoor shelter area in San Clemente that the city set up as a way to move people from other makeshift campsites in North Beach.
In seeking a temporary restraining order from U.S. District Judge Percy Anderson, the June 30 request alleges that a site at a city storage lot, intended for 32 homeless campers, has become overcrowded, does not offer proper shade or potable water, is difficult for disabled people to access and traverse, lacks adequate sanitation and servicing of its portable toilets, and other deficiencies.
Read the motion for a restraining order
The half-acre parcel on Avenida Pico is on a hillside, not far from the North Beach parking lot where earlier homeless encampments were located. It was declared a homeless zone by the city council in May, after area residents complained about homeless people defecating in public and using drugs, among other safety issues.
“Under threat of arrest, the city forced unhoused people to move to a barren piece of land previously found unfit for human or animal habitation,” argue lawyers for the homeless plaintiffs who filed the Housing is a Human Right lawsuit against the county, San Clemente, and four other south county cities — Aliso Viejo, Dana Point, Irvine and San Juan Capistrano — back in February.
“The site should be closed.”
But attorneys representing San Clemente argue that the injunction request “borders on the frivolous,” adding that at the site the city provides security, restrooms that are compliant with the Americans with Disabilities Act, and homeless outreach services, according to court documents. In addition to cases of donated water left at the site, a water fountain at North Beach is a short walk away, they say in their filing.
Read the opposition to a restraining order
It is uncertain when Judge Anderson will rule on the temporary restraining order. Anderson, whose courtroom is in Los Angeles, replaced the federal judge originally assigned to the south county lawsuit, David O. Carter, who was recused over concerns that his actions in the 2018 homeless lawsuit involving treatment of homeless people in north and central Orange County could make him appear biased.
The lawsuit in north county has led to new indoor shelters for homeless people in several cities, including Santa Ana, Anaheim, Costa Mesa and Tustin, with plans for at least three more.
Late last week, the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Orange, Placentia, Stanton, Villa Park, and Yorba Linda announced that they were partnering in a regional homelessness plan that includes operation of two navigation centers — homeless shelters in Buena Park and Placentia — that will include comprehensive services.
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