The Court recognized that the City indiscriminately destroys the essential belongings of unhoused people with disabilities.
Berkeley, CA— A federal judge for the U.S. District Court for the Northern District of California has approved a motion for class certification in a 2023 lawsuit against the City of Berkeley filed by Disability Rights Advocates and East Bay Community Law Center. The lawsuit, filed on behalf of five individual plaintiffs and the non-profit unhoused advocacy organization Where Do We Go, alleges that the City discriminates against unhoused people with disabilities by failing to provide reasonable accommodations and that the City unlawfully destroys essential survival gear and personal belongings, including tents, medical equipment, and identification documents.
The certified class consists of all unhoused people with disabilities who have experienced or are at risk of experiencing the City’s encampment sweep policies and practices. The Court also certified a subclass of unhoused people with disabilities who live in their vehicles who cannot move their vehicles every 72 hours per the City’s policy due to their disabilities. Read the Court’s order.
In certifying the class, the Court recognized that the City indiscriminately destroys the essential belongings of unhoused people with disabilities: “The record contains abundant — and troubling — anecdotal evidence of an enforcement framework weighted in favor of property disposal. These facts help illustrate both the breadth of the risk faced by the class, and the severity of the actual harms arising from the City’s challenged property seizure and destruction framework.”
Lead Plaintiff Yesica Prado said, “This case is bigger than Berkeley. It is about whether any city can treat disabled unhoused people as disposable. I am one of thousands who refuse to be silenced and displaced. This certification is our answer to every city that thought unhoused people would disappear: we are still here and will not give up until the law protects us again.”
Class Representative and Named Plaintiff Amber Whitson said, “Being unhoused and disabled is hard enough without the city you live in actively working to keep you down. I hope the court orders Berkeley to follow the law, treat us like human beings, and respect our rights—even when sweeping us without offering shelter.”
Andrea Henson, Advisor for Where Do We Go, explained, “Class certification is an incredibly positive development. By certifying the class, the Court recognized that the City of Berkeley’s policies affect unhoused individuals throughout the City, rather than only the named plaintiffs. Class certification makes it possible to pursue changes to those policies and practices, ensuring that any relief obtained can have a lasting impact on unhoused individuals with disabilities across Berkeley.”
“This Order recognizes that the City’s actions impact a broad group of unhoused people with disabilities. Class certification is an important step toward securing meaningful relief for all unhoused people in Berkeley who face serious risks during encampment sweeps,” said Emily Roznowski, Senior Staff Attorney at Disability Rights Advocates.
Brigitte Nicoletti, Staff Attorney at East Bay Community Law Center, said, “Many unhoused disabled people have been harmed by the City of Berkeley’s encampment sweeps. The Court’s certification of the class and sub-class provides us with the crucial opportunity to seek relief for the City’s most vulnerable residents and sends a clear message to cities that they will be held accountable for violating the rights of unhoused people.”
Plaintiffs hope that the lawsuit will result in systemic changes to Berkeley’s encampment sweep policies and practices to comply with federal and state laws and provide greater protection to unhoused people with disabilities.
About Disability Rights Advocates
Disability Rights Advocates is the leading national nonprofit disability rights legal center. DRA’s mission is to advance the rights, inclusion, and equity of people with disabilities nationwide through high-impact litigation, education, and advocacy. DRA represents people with all types of disabilities in complex, system-changing class action cases. For more information, visit https://dralegal.org/.
About East Bay Community Law Center
East Bay Community Law Center envisions a California where Black and Indigenous communities are positioned to realize thriving, healthy, and dignified lives. We center the experiences of women of color, our largest client demographic, and solve for the persistent inequities they face because we believe this approach will bolster the well-being and resilience of all communities. Through a combination of high-volume legal services, client-informed policy, and legal training for the next generation of racial justice lawyers, EBCLC’s work has transformative statewide and nationwide impact. For more information, visit https://ebclc.org/.
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