Disabled homeless individuals in California are suing a city over their eviction from a park and the destruction of their belongings.

Disabled Homeless Individuals Sue City for Violating Constitutional Rights

Three disabled homeless individuals have filed a lawsuit against the City of San Bernardino, accusing it of violating their constitutional rights. Lenka John, James Tyson, ⁤and Noel Harner claim that the city⁣ ordered ​them ⁤to ‌leave the parks where they ‌were living and subsequently destroyed their personal property, including essential items like medications and mobility devices.

According to the lawsuit, the ‍city’s actions violated their‌ constitutional rights under⁤ the Americans with ‌Disabilities Act. The plaintiffs argue ⁤that ⁣the city’s destruction of their property without ‌warning or accommodation infringed upon‌ their Fourth, Fifth, and ⁤14th Amendments to the U.S.⁤ Constitution.

“I felt violated,” said Lenka John, one of the plaintiffs, as city employees tossed her ⁣medical records,⁢ heart monitor, walker, and disability assistance paperwork into a trash truck.

The lawsuit‍ alleges that the city failed to respond to requests for⁤ assistance from disabled homeless individuals before the‍ parks closed for maintenance. The plaintiffs claim that ⁣the ‍city did not provide accommodations or even acknowledge their submissions.

Kath ⁤Rogers, a staff attorney at the American Civil Liberties Union of Southern California representing the ⁤plaintiffs, stated, “Not only did​ the city ⁣not⁢ accommodate people, but they didn’t even respond to those requests.”

The plaintiffs are⁣ represented by the ACLU Foundation of Southern California, O’Melveny, and​ the Santa Ana’s Elder Law and Disability ⁣Rights Center. The⁤ city spokesman, Jeff Kraus, stated that these organizations were invited to ⁣discuss solutions but chose to file a lawsuit instead.

“The City ​of San ​Bernardino has an obligation to ensure that its public parks are ​available and maintained⁢ for‍ everyone to freely and safely use,” said city spokesman Jeff Kraus.

“The City and its hard-working staff members look​ forward ⁢to ⁢proving that they do their jobs responsibly, ⁣legally and with care for the disabled and unhoused,” he added.

The lawsuit highlights the larger issue⁤ of homelessness in San Bernardino. The county’s 2023 Point-in-Time Count and Survey revealed that there are over⁣ 1,000 homeless people in the city, ‌with approximately 4,200 people living without shelter in San Bernardino County.

California, in general, has been struggling with a homelessness crisis. Despite significant financial ‌investments, the state has not made‍ progress‍ in addressing the issue. Governor Gavin Newsom admitted that housing costs, regulatory challenges, and local ‍opposition to new housing construction have hindered ​efforts to combat ⁣homelessness.

The homeless ⁤population in the U.S. has seen a record spike this year, with ⁤a nationwide increase of about 11%. ⁤This alarming trend underscores the urgent need for effective solutions to the⁢ dire homelessness crisis.

Mairead Elordi contributed to‍ this report.

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