Facts

As alleged and set forth in the pleadings, in November 2020, a new City Council used their emergency powers to make camping illegal within the City of Chico's public parks and greenways. Rather than an administrative citation, violations would be subject to jail time. Legal Services of Northern California filed a lawsuit against the City of Chico on April 8th, 2021, on behalf of eight involuntarily homeless individuals. On April 11, 2021, Judge Morrison England Jr. granted a Temporary Restraining Order (TRO) restraining and enjoining the City of Chico from enforcing or threatening to enforce laws regulating camping, entering and remaining, and storing personal property on public property. The TRO was extended so that the parties could try to reach an informal resolution. When they were unable to do so, on July 8, 2021, Judge England entered a Preliminary Injunction against the City continuing the same terms previously set forth in the TRO. Citing Martin v. City of Boise, at the first preliminary hearing, the judge noted that the amount of available shelters Chico had was insufficient: Chico had a total of 120 shelter beds in the city and an estimated homeless population of over 500 individuals. Thereafter, the city proposed and constructed an "outdoor temporary shelter facility" at the municipal airport. But the judge did not agree with the City that it was a shelter and instead noted that it was an asphalt tarmac with no roof and no walls, no water and no electricity, and was essentially an open space with what amounts to a large umbrella for some shade.

PLAINTIFFS' CONTENTIONS: Plaintiffs, Warren and other unhoused individuals, alleged that Chico's ordinances were cruel and unusual, imposed excessive fines, allowed for a state-created danger, unlawfully seized property, and otherwise deprived them of due process under both the federal and California constitutions.

DEFENDANTS' CONTENTIONS: Defendant, the City of Chico, denied all contentions. The City argued that the shelter it proposed was "a practically available space for persons who are unhoused."

Result

The case settled. According to the settlement, the site will include: 177 pallet shelters (having specific requirements as to size per occupancy) with electricity, a privacy lock, one smoke and carbon monoxide alarm and electrical and heating equipment; two hand-washing stations for every 50 occupants, three toilets for every 50 occupants, mobile shower units once a week; potable drinking water, garbage and laundry services; three provided meals per day; one shade tent with tables; private indoor meeting space for service providers; smoking area; bike parking; pet run area; and outdoor lighting. The site will be open 24/7 with minimal requirements to become an occupant, and on-site possession and use of illegal controlled substances are prohibited. As for enforcement, until the new housing site is operational, police cannot touch campers and once the settlement is open, new rules will be enforced. The court is to retain jurisdiction for five years to monitor the parties' compliance and will pay $650,000 in attorney fees.