Wow! Homeless people win for once!
photo courtesy of Indybay
It looks like the city of Fresno will be writing a big fat check to 225 homeless people who sued when city workers trashed their belongings in a series of raids on encampments in 2006.
Homeless people, with the help of the American Civil Liberties Union, the Lawyers Committee for Civil Rights, and the private firm of Heller Ehrman LLP, filed a class action lawsuit against the city of Fresno and the California Department of Transportation, claiming their possessions were seized and destroyed without their notice. Back in 2006, the city was barred from continuing the raids by a preliminary injunction. And today United States District Judge Oliver W. Wanger gave preliminary approval to a $2.35 million dollar settlement for what occurred during those raids.
“It’s completely unprecedented,” LCCR’s, Anayma de Frias, told us, adding that they’d been hoping to get something, but nothing as substantial as this.
The terms are as follows:
The city of Fresno will pay $1,000,000 into a Housing Allowance Account. The money will be used by approximately 225 members in the lawsuit to pay security deposits, first and last months rent, or monthly rental payments, or to purchase a vehicle or medical care.
Fresno will also set aside $400,000 in cash as compensation for any harm done as a result of the unconstitutional seizure of property. Individuals will file claim forms describing the extent of their losses and the number of times they were subjected to the illegal sweeps. Disbursements from this portion of the settlement will range from $500 - $5000, and will be paid over time in currency or by check, or be deposited into plaintiff’s individual bank accounts. The Department of Transportation will also pay $85,000 into this cash fund.
The city must now post notice at least three days prior to clearing any personal property from an encampment area, and must store belongings for 90 days. The Department of Transportation will also follow the terms of the preliminary injunction throughout the entire state.
The remaining money will go to the ACLU and LCCR, to continue their work. Attorney Paul Alexander, formerly of the firm Heller, Ehrman LLP, will not recover any fees for his team’s 1,000 hours of work on the case. In a press release, Alexander praised the homeless people of Fresno, saying, “They have shown that in this country, the Constitution applies to everyone and that our federal courts are a place where justice can be found, even if you are homeless and down and out.”
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Comments (3)
How do you condone the seizure of personal property in the case a landlord but not in the case of vagrants? Why should the landlord's property (his building) be dealt with any differently than a homeless (his possessions)?
The answer is that the two situations are identical: the government has no business confiscating or interfering with the use of either individual's property. This is the case across society at large be it a landowner who wants to build multi-million dollar condos or a homeowner who wants to add a second story to their house or a worker who wants to buy raw milk or the vagrant who wants to maintain possession of his property.
All are the same. Government intervention is equally wrong. Stealing property is the same if you prevent a landowner from building what he wishes or if you confiscate a homeless guy's portable television.
Posted by Miguel | June 6, 2008 02:57 PM
I'm happy to know that now when I go around taking shit off the sidewalk and elsewhere without paying it's officially my personal property. Better lock that bike up.
Posted by Evan | June 10, 2008 11:51 AM
Miguel needs to read the law
what is for a land lord if you leave the property past 15 days then it's the landlords
Evan i've seen many people shit and piss in the allies then pull off in their $40,000 cars
and if you go to many places the bathroom has been out of order for several years it's quit amusing to watch drunk woman piss all over the place after clubbing and struggling to walk it to their condos
Posted by charles | July 24, 2008 07:17 PM