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.

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