A federal judge, Edward Chen, has ruled that Berkeley can remove its last large homeless encampment at Harrison Street but must replace any destroyed “survival gear” and help preserve the campers’ belongings. The decision allows more space for tents and mandates that the city ensure pathways are clear while relocating campers. Notably, the city isn’t required to provide a safe relocation site but must assist in moving or storing property, unless there are health risks involved.
The ruling also includes specific protections for disabled individuals, stating that accommodations must be assessed individually, and the typical “3×3 rule” for property size will not apply to them. In contrast, non-disabled residents must ensure their tents are at least 6 feet tall unless they don’t impede traffic.
The Berkeley Homeless Union, while acknowledging they did not win every point, expressed hope in the ruling, stating it protects their right to camp together. However, the dispute continues, with a trial set for October and the city appealing the case’s rulings, arguing the Homeless Union lacks standing to contest the city’s actions.
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