Community

Berkeley can close Ohlone park encampment, new ruling says

The judge also denied a request by the Berkeley Homeless Union to order both sides to sit down to work out a settlement.

Berkeley police officers speak with campers at Ohlone Park in May. Emilie Raguso/The Berkeley Scanner

A federal judge ruled this week in the city of Berkeley's favor, giving it permission to close a homeless encampment at Ohlone Park.

In his ruling Wednesday afternoon, Judge Haywood Gilliam Jr. denied a request by the Berkeley Homeless Union to block action at the camp as the case proceeds.

Gilliam wrote that the city had made many efforts to work with campers and said there was no established legal basis for most of the arguments the Homeless Union had made.

The city had planned to close the Ohlone encampment in May and posted notices that enforcement was coming.

The Homeless Union then sued the city, arguing that it needed to do more to help disabled residents of the camp.

This week, the judge disagreed, saying city staff had established a clear record of responsiveness and legal compliance.

According to the new ruling, Berkeley must now provide notice to the encampment at least 72 hours in advance should it "choose to renew its efforts to remove campers from Ohlone Park."

Judge Gilliam also denied a request by the Homeless Union to order both sides to sit down to work out a settlement.

The case is set to return to court, via a Zoom hearing, July 8 at 2 p.m.

Councilwoman Rashi Kesarwani announced the ruling to constituents by email Thursday morning.

"The court denied the Berkeley Homeless Union’s motion in its entirety, finding that it failed to raise 'serious questions' as to the merits of their claims," she wrote.

The judge, she continued, "also recognized the serious hazards the encampment imposes on its residents and park users alike, as well as the significant burden on City resources the encampment poses, holding that the Berkeley Homeless Union failed to prove that the balance of equities tipped sufficiently in its favor."

Meanwhile, a different federal judge recently ordered Berkeley to continue its efforts to work with campers at the Harrison Street homeless camp, setting a 60-day deadline to address a set of camper requests put forward under the Americans with Disabilities Act.

"Any other individuals encamped within the Harrison Corridor are not protected by the injunction, except that they must be given one week's notice prior to any further enforcement actions by the City," Kesarwani wrote Thursday. "The City Manager is now working with our Homeless Response Team to evaluate how best to respond to the court's requirements."

In her announcement, Kesarwani also announced an upcoming town hall on homelessness solutions, hosted by County Supervisor Nikki Fortunato Bas, with Mayor Adena Ishii and Councilman Ben Bartlett, at the Ed Roberts Campus (3075 Adeline St.) from 5:30-7 p.m. July 1.

The Berkeley City Council has also scheduled a special meeting aimed to provide "a comprehensive summary" of its worked to address homelessness on July 29 from 4-6 p.m.

(The agenda will be posted on the city website closer to the meeting date.)

Stay tuned for ongoing coverage.