Fed up business owners sue California city over homeless encampments — used syringes, human waste, rats



A group of California small-business owners filed a lawsuit against the City of Berkeley this week for allegedly allowing the streets around their businesses to become overrun with homeless encampments littered with used syringes, human waste, and rats.

The lawsuit was filed in Alameda County by eight businesses, which include a brewing company, a winery, a theater set production company, an automotive repair shop, a bagel shop, and a mobility equipment supplier.

'She left only to return two minutes later with a 10-foot metal pole swinging it at customers and employees.'

The county has become a hotspot for homelessness and criminal activity in recent years, largely due to soft-on-crime progressive politicians.

The owners claim that the Berkeley leaders have failed to comply with the city's nuisance laws, claiming it has "invited, permitted, and/or maintained a sprawling public encampment of tents and RVs on Harrison Street between Fifth and Ninth streets, as well as off of Harrison Street along Fifth, Sixth, Seventh, Eighth, and Ninth Streets."

The complaint noted that encampments have been allowed to take over parts of Harrison Street and the Lower Dwight Neighborhood "because of its erroneous interpretation" of the U.S. Court of Appeals for the Ninth Circuit's ruling in two cases, which stated criminal charges cannot be filed against individuals camping in public when no shelter space is available.

However, the lawsuit argued that the rulings did not permit the city to violate public nuisance laws. Furthermore, the business owners argued that shelter space has been available.

Additionally, earlier this year, the U.S. Supreme Court overruled the lower court's decision, stating that municipalities are allowed to dismantle public encampments regardless of available shelter space. Despite that, the makeshift tent cities in Berkeley remain.

The complaint included images taken after the city engaged in a so-called "clean up" effort, showing that the encampments were not dismantled. Instead, tents remained lined up against the side of the street, often obstructing sidewalk access.

Emily Winston, a Berkeley resident and the owner and operator of a local bagel shop told KTVU, "It's tough. It's filthy. There's trash everywhere."

"It's not safe for our customers or our staff," Winston stated. She noted that she was "not eager" to file the lawsuit.

"This was certainly not my idea of a good time. I wish the city would just have cleaned it up anyway," Winston added.

The business owners are concerned about the health and safety issues posed by the sprawling encampments. They fear that the unsightly and unsanitary conditions are driving away customers.

Barry Braden, a brewery owner, told KTVU that a woman recently entered his establishment asking for food.

"When the manager on duty offered help, she left only to return two minutes later with a 10-foot metal pole swinging it at customers and employees; she was chased out of the building by customers and ultimately arrested by police," Braden explained.

In 2018, the same year Gov. Gavin Newsom (D) took office, there were an estimated 131,000 homeless individuals residing in California. Since then, that number has reportedly reached a projected 172,000.

The city attorney did not respond to KTVU’s request for comment.

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Atlantic City to ban homeless encampments as part of cleanup effort



Officials in Atlantic City, New Jersey, are moving forward with a plan to ban homeless encampments in public spaces, theNew York Post reported.

Last month, the city established the Boardwalk Improvement Group to lead a cleanup effort to move homeless individuals residing under the boardwalk into shelter spaces. City employees have been sent to the boardwalk to connect hundreds of homeless individuals with shelters and advocacy groups.

'We won't ignore the issue.'

As part of that ongoing mission, officials recently announced that they plan to introduce a law that will prohibit people from sleeping in public spaces.

The campaign to address the crisis was launched by Mayor Marty Small (D) after the Supreme Court's recent ruling that local governments have the authority to restrict individuals from sleeping in public areas. The high court noted that such laws do not constitute "cruel and unusual punishment."

Fencing will be installed to deter people from trying to sleep under the boardwalk. Law enforcement officers have also been stationed to patrol the area.

"We won't ignore the issue of homelessness in our city, an issue that has been long overlooked," Small told the Post. "We cannot be a world-class destination if we can't find a way to help the people living in our own city."

According to Small, other municipalities have been sending their homeless to Atlantic City. Small previously said he is unsure who is sending the individuals to the city.

He told the Post, "It's disappointing to see, but we deal with it."

Jarrod Barnes, Atlantic City's director of health and human services, explained that many homeless individuals have refused to move into shelters in the past, but he hopes the new law will push them to accept the assistance.

"A lot of the people we try to move away think it's fine to keep living on the street because they've just been doing it for so long, and that can't be the case," Barnes explained.

"No one deserves to live on the streets," he continued. "A lot of these people are just folks who are down on their luck or people dealing with substance abuse issues."

Homeless encampments underneath the boardwalk have caused fire hazards in the past. One 67-year-old man passed away in April after a fire ignited and spread to nearby businesses.

"We had one guy who was able to set up circuits to power a multi-bedroom apartment built under the boardwalk," Barnes stated.

Small explained that one man tapped into one of the casino's beer lines to nab free drinks.

During a July press conference, Small noted that the city's homelessness crisis did not appear overnight and would take some time to solve.

"It's my job as mayor of the great city of Atlantic City to give them the necessary tools to succeed. And we're doing that in a big way," Small said.

California Gov. GavinNewsom (D) recently announced an executive order to crack down on the state's rampant homelessness crisis. He also cited the Supreme Court's ruling as the catalyst for enacting the ordinance, which will push local governments to clear out encampments. Newsom has claimed for decades that solving California's homeless problem is one of his top priorities.

Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. Sign up here!

Trump's Major Supreme Court VICTORY!

Trump's Major Supreme Court VICTORY!

Trump's MAJOR Supreme Court VICTORY may set a new precedent for January 6 defendants



In a landmark decision, the Supreme Court has ruled in favor of Joseph Fischer, a January 6 Capitol riot participant, challenging his federal obstruction conviction.

The justices ruled 6-3 to overturn a lower court’s decision that had allowed a charge of corruptly obstructing an official proceeding — specifically, the congressional certification of President Biden’s victory.

Like Fischer, there are over 300 defendants charged with “obstruction of an official proceeding.” Now that a new precedent has been set, these defendants may be able to look forward to similar outcomes.

“Long story short, the Court today had a very sound ruling when it comes to statutory interpretation 101 first principles. They said that this is an incorrect reading of the statute and the practical fact is that a lot of the J6ers should have their sentences heavily reduced if not thrown out altogether,” legal expert Josh Hammer tells Sara Gonzales.

Not only does this ruling affect those who were at the Capitol on January 6 — but it also is great news for former President Donald Trump.

“I think two of the four counts against Donald Trump in the Washington, D.C., indictment are now in very, very serious jeopardy. Those will likely get tossed out as well,” Hammer explains.

While the Supreme Court ruled that the case needs to go back to the lower court to be reconsidered, it shouldn’t matter that the lower court is in D.C. itself.

“They’re going to have to apply this standard still,” Hammer says, adding that “they were pretty clear that this is just not an appropriate exercise of statutory interpretation, so I’m relatively confident that this is going to play out pretty well from here.”

While many are pleased with the outcome, there is one Trump-appointed justice who, shockingly, isn’t.

“Amy Coney Barrett did dissent with Sotomayor and Kagan,” Gonzales explains.

“Amy Coney Barrett is rapidly shaping up to be perhaps perhaps Trump’s single biggest disappointment, frankly, on that court,” Hammer says.


Want more from Sara Gonzales?

To enjoy more of Sara's no-holds-barred take to news and culture, subscribe to BlazeTV — the largest multi-platform network of voices who love America, defend the Constitution, and live the American dream.

Democrats PANIC After Biden Has WORST Debate in US History | 6/28/24

Democrats PANIC After Biden Has WORST Debate in US History | 6/28/24

Portland residents with physical disabilities file lawsuit against the city for allowing homeless encampments to block sidewalks



On Tuesday, 10 Portland residents with disabilities sued the city for allowing homeless encampments to block sidewalks and walkways. The lawsuit alleged that the city of Portland violated the Americans with Disabilities Act by failing to remove tents from public walkways.

The residents requested that Portland remove the encampments from sidewalks and provide shelter for the homeless individuals who were forced to leave.

They stated in the lawsuit that the tents and personal items prevent people with disabilities from accessing public transportation, restaurants, and stores.

The Oregonian reported that the 10 residents are either caretakers for someone with mobility disabilities or have mobility disabilities themselves that require the use of electric scooters, wheelchairs, walkers, or walking sticks.

The case noted that approximately 13% of Portland residents have disabilities. The residents requested that the judge certify the case as a class-action lawsuit on behalf of all Portland citizens with disabilities.

“While political pressure has mounted on city officials to address these issues, competing political headwinds and countervailing forces have prevented the city from acting,” the lawsuit said. The residents accused city officials of taking minimal action to keep the sidewalks clear and safe.

Photographs of the homeless encampments were included with the case. The photos featured blocked sidewalks in several areas of Portland, including Old Town, the Pearl District, the Lloyd District, and the Central Eastside Industrial District.

The Oregonian noted that many of the areas shown in the photos have since been cleaned up. The news outlet reported that, despite the removal of some homeless encampments in Portland, many others have since been built in different areas.

Even though the city has banned camping along 21% of roads and sidewalks, it has failed to enforce the rule consistently. This year, Mayor Ted Wheeler has prioritized increasing law enforcement sweeps of the city to crack down on homeless encampments.

The residents addressed the concern that when police drive the homeless away from one city block, the displaced individuals inevitably move to another. According to their lawsuit, this action creates an endless cycle that can only be solved with proper resources. The residents requested that the city prioritize finding a permanent solution to housing the homeless residents of Portland.

Multnomah County, which includes Portland, has an estimated 5,228 homeless people. Only 42% of those individuals are housed in temporary shelters, while the rest reside on the city streets.

City officials told the Oregonian they were not allowed to comment on pending lawsuits.