It has come to this: The Sacramento County DA is suing the city of Sacramento
KCRA interviewed DA Thien Ho after yesterday’s announcement, asking why he is suing the city.
In response, he explained:
“We are seeking to enforce and require the city to do its job…What we are asking the court to do is mandate the city to enforce the law.”
See interview with Brittany Hope here
Important questions were also posed in the complaint filed:
“Why pass laws if you're not going to enforce them? Is there a mandate from City Hall to stop law enforcement from enforcing the law? Are there procedures and policies that City Hall puts in place to inhibit and obstruct the police from enforcing the law?
To read the full complaint
…which also asserts:
“The City of Sacramento's complete and utter failure to enforce any of its City ordinances related to the unhoused crisis has been hidden from the public. This failure has resulted in the decay and destruction of the once bucolic City of Trees.”
Letters from DA to the city of Sacramento prior to filing suit are available Here
So what did the city fail to do- that it should have done?
- Consistently enforce city ordinances such as sidewalk obstructions, unlawful storage, unlawful dumping, unlawful fires and unlawful camping;
- Create additional professionally operated Safe Ground sites;
- Extend that same protection that they give to themselves to the rest of the City. (The City only allows camping at night on the grounds of City Hall but prohibits any camping during the day;
- Share real time data on shelter bed availability with all partners, including law enforcement;
- Complete an audit of the millions that have been spent on the unhoused crisis with a true accounting of which programs work. The city has been planning an audit for two years with nothing to show.
The City of Sacramento was asked to do the following in a letter sent on 8-7-23 and given formal notice.
Compliance Action:
• Require the City Attorney's Office to prosecute city codes and ordinances related to provisions of the Sacramento City Code regarding Critical Infrastructure; Sidewalk Obstructions and Pedestrian Interference; Park Use Regulations; Storage of Personal Property on Public Property; and Vehicles and Traffic, as well as provisions of the California Vehicle Code applicable to vehicle encampments.
• The City Attorney's Office will hire 4 more attorneys for all areas of the city- to prosecute violations of city codes and ordinances, and when appropriate provide an individualized diversion program;
• Implement compliance protocols that employ three main types of activities: outreach, encampment management/cleanup, and compliance with state law and the Sacramento City Code through engagement with both law enforcement and non- law enforcement personnel.
Temporary Emergency Shelter Space & Camping Space:
• Identify, authorize, and establish emergency shelter space and/or emergency camping space, including but not limited to temporary Safe Ground locations within the City of Sacramento equal to 75% of the total number of unsheltered individuals estimated to reside in the city pursuant to the last point-in-time (PIT) count conducted by the city;
•The city may use any public property, except for city streets, neighborhood parks, or locations within one thousand (1,000) feet of a K-12 school, public library, daycare or preschool facility, or playground, or five hundred (500) feet from a stream or river.
• Ensure strict adherence to the above compliance protocols in and around the above locations to prevent public safety issues in the communities where encampments are located,
• Employ a professional operator to maintain the emergency shelter or camping space to ensure public safety and adherence to the law including the following:
• Use of 24-hour security;
• Removal of garbage;
• Use of sanitation equipment.
• Implement a Good Neighbor Policy:
• Prohibit and remove all camping within 500 feet of any shelter or Safe Ground location.
• The emergency shelter and temporary Safe Ground locations should provide adequate protection from the weather and elements;
• Publicly report on a monthly basis:
• How many people are moved into the shelter or Safe Ground;
• How many people from the shelter or safe ground are moved into permanent supportive housing;
• How many people are moved from permanent supportive housing to non-subsidized housing.
Access to Real Time Data Related to Shelter Beds and a Refusal to Accept Shelter:
• Implement a Coordinated Access Program requiring all providers to share information in real time to assist in coordinated service
• Require service providers who receive funding from the City of Sacramento to publicly report on a daily basis the number of shelter beds available and the location of those beds;
• Availability of shelter beds must be input every morning into a shared information platform along with other important assessment
• This information will be collated and sent to different nonprofits and government agencies (including law enforcement) for potential
• This information must be shared on the Homeless Management Information System (HMIS).
• Implement the following protocols:
• During the first contact, an unhoused individual who declined the offer of shelter will be given a warning;
• During the second contact, a citation will be issued if the unhoused individual rejects the offer for shelter. The citation will later be dismissed after the offer for shelter has been accepted;
• A third visit with another rejected invitation will result in a transport to the jail where the individual will be cited and released for a misdemeanor. The citation will be dismissed upon acceptance into a shelter.
Citywide Daytime Camping Ban:
• Implement citywide the same ordinance used to prohibit camping at City Hall between 6 am and 9 pm.
• The city prohibited camping on City Hall property during the day but allowed it in the evening after 9 pm. This policy was implemented after several city employees were assaulted;
• The prohibition is valid under Martin vs. Boise. Therefore, the City of Sacramento must implement the same ordinance citywide;
• Provide safe and secure locations for those who are unsheltered to store their life necessities during the day and retrieve them in the evening to bring to their temporary campsite.
Implementation of Compliance Protocols and Clearing of Identified Encampments:
- Apply the Compliance Protocols and above listed procedures and clear the 16 encampments within the city identified by the Sacramento District Attorney's Office;
- Ensure that individuals in those encampments not relocate or migrate to an area within three (3) city blocks of the original encampment location.
Audit:
- Audit money used by the City of Sacramento to address homelessness for the last two (2) years;
- Publicly file a report identifying the amount of funds spent, each entity using the funds, the activities for which the funds were applied, and the numbers of unhoused individuals moved into permanent non-subsidized housing.
Point-In-Time Count:
- Conduct a point-in-time count in July of each year;
- The City of Sacramento will pay individuals to conduct the count;
- Data will be collected as to whether unsheltered individuals lived in Sacramento prior to becoming unhoused.