San Francisco homeless lawsuit looks set to go to court

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A federal judge said Thursday that a lawsuit accusing San Francisco of cruel and unusual punishment for the homeless is heading to an eight-day trial set for next April.

The lawsuit, filed by the Homelessness Coalition, alleges that several city agencies violated federal precedent by removing homeless camps without providing shelter to residents.

At Thursday’s hearing, U.S. Magistrate Donna Rue denied the city’s motion to dismiss the lawsuit and set a trial date for April 15, 2024.

She has also generally declined to provide clarification on her previous order temporarily barring the city from clearing camps, and dismissed claims by homeless advocates who claim the city has already violated that order.

Ryu clarified that the city is allowed to temporarily relocate homeless camps to clean up public spaces. But she also called the city’s practice of police escorting outreach workers a “reasonably perceived threat.”

“Do people understand that the move is voluntary, in light of the fact that there is a significant police presence there?” Ryu said. “There is overwhelming evidence that there are homeless people affected who felt they needed to move and that they couldn’t go back.”

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A recent report showed that the city is short of 3,810 permanent housing units and 2,250 shelter units to eliminate the homeless locally — a shortfall that will cost $1.4 billion to reconcile. The lawsuit aims to push the city to build more affordable housing, which defenders say is a solution to the crisis.

City Attorney David Chiu opposed the injunction against clearing the camps, saying it puts the city in an “unbelievable situation” given that some residents may forego affordable housing.

“The City hoped to obtain the necessary clarification on the injunction in order to comply with our obligations under the Hastings injunction and to evaluate our appeal options. Unfortunately, the court refused to provide this guidance, and we are now evaluating all possible next steps,” said City Attorney Spokesperson Jen Quart.

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