New policy will prevent destruction of personal property and provide reasonable accommodations to people with disabilities.
SAN BERNARDINO -- Today, the ACLU Foundation of Southern California, O’Melveny & Myers LLP, and Elder Law and Disability Rights Center (ELDR) reached a first-of-its-kind agreement resolving a lawsuit against the City of San Bernardino that enshrines in law rights for unhoused community members with disabilities.
The agreement, which was brought on behalf of six plaintiffs, will create a new citywide policy on the city’s response to encampments that will prevent the destruction of unhoused people’s personal property and ensure San Bernardino provides reasonable accommodations to unhoused people with disabilities. San Bernardino will not displace people during cleanups unless they offer non-congregate interim housing options like hotels, unless there is a public health or safety rationale for the move.
“This agreement ensures other people will have their rights protected going forward,” said Lenka John, a plaintiff in the case. “San Bernardino should meet the needs of our unhoused neighbors by offering housing and services that are voluntary, humane, and dignified.”
In August 2023, unhoused community members and a mutual aid organization filed suit demanding that San Bernardino respect the rights of unsheltered people with disabilities and cease the destruction of unhoused people’s property.
“All our neighbors deserve a safe, permanent, and affordable home that meets their needs,” said Kath Rogers, staff attorney at the ACLU SoCal. “The agreement recognizes that displacement is harmful, you cannot destroy people’s property, and that people are to be treated with dignity wherever they live.”
The lawsuit alleged San Bernardino destroyed many unhoused people’s medicine, vital documents, medical equipment, tents, clothing, food, blankets, IDs, and more.
"Many seniors, often on fixed incomes, face the devastating reality of losing their homes for the first time after age 60, frequently due to developing disabilities,” said Brooke Weitzman, executive director of ELDR. “This settlement reaffirms that our laws protect these vulnerable populations and emphasizes that cities must plan for and accommodate the physical, medical, and mental health needs of all residents."
Per the agreement, San Bernardino will also designate an Americans with Disabilities Act (ADA) coordinator to ensure compliance with disability protections during cleanups.
"As our cities and communities work to tackle housing insecurity, we must all be aware of the unique challenges faced by those living with disabilities,” said Nancy Schroeder with O'Melveny & Myers LLP. “This agreement takes an enormous step toward protecting the rights and lives of San Bernardino’s disabled, unhoused residents."
As part of the agreement, San Bernardino will also reinvest $600,000 into new city houselessness programs. The court will also retain jurisdiction for three years to ensure enforcement of the agreement, including implementation of the new policy.
Read the settlement: https://www.aclusocal.org/sites/default/files/tyson-resolution-agreement.pdf