The tug-of-war between Sacramento city and county attorneys will continue over the area’s growing homeless encampments after a federal judge ruled May 6 District Attorney Thien Ho’s lawsuit against the city over such can move forward if revised.
Sacramento Superior Court Judge Jill Talley ruled Mr. Ho’s allegation that the city created a public nuisance on city property and polluted waterways because it failed to act on homeless camps can proceed, if amended within 30 days.
The amended lawsuit must be scaled back to only allege the city’s failure to crackdown on the effects of homelessness, according to the ruling.
Mr. Ho and a group of citizens filed a series of lawsuits in September against the City of Sacramento, claiming that city leaders are allowing the homeless population to pollute waterways, are endangering public health, and are creating a public nuisance by allowing camps to remain on public property.
Mr. Ho said he plans to amend the lawsuit, but has seen progress in the city’s actions against homelessness since he filed the litigation.
“Since the District Attorney’s Office filed the lawsuit last year, the City has done more enforcement and compliance in the last [seven] months than they have done in the last [seven] years,” Mr. Ho’s office told The Epoch Times in an emailed statement.
The city’s data dashboard shows an increase in enforcement and clean up, the office added.
“The community has seen and felt the difference,” Mr. Ho’s office said. “We intend to amend the complaint and proceed forward. We will not give up on the City of Sacramento.”
In her ruling, the judge agreed with Sacramento City Attorney Susana Alcala Wood who claimed the court lacked the power to interfere with legislative action on the state and local level.
“The Court agrees that the separation of powers doctrine bars all of the People’s claims as presently alleged,” Ms. Talley wrote.
Ms. Wood said the city wants the lawsuit to end, saying the case is a drain on resources and a waste of taxpayer money.
Ms. Wood also said the case had “proven beyond any shadow of a doubt ... that playing politics with homelessness helps no one.”
According to the city’s most recent point-in-time count, which is conducted bi-annually, the city has seen a 250 percent jump in homelessness over the past seven years, and a 68 percent rise from 2019 to 2022.
The city passed an updated sidewalk ordinance that went into effect in September 2022. It requires at least four feet to remain clear on sidewalks for easy passage, and the same amount around business entrances and exits to remain clear.
The city also restricts the homeless from camping within 500 feet of schools and 25 feet of critical infrastructure, which includes schools, hospitals, medical facilities, sports arenas, parks, and other places.
