Ashby/Shellmound Residents Take Legal Action Against City Of Emeryville
COURT STOPS EMERYVILLE EVICTION OF HOMELESS ENCAMPMENT April 20, 2021 – Federal Judge Yvonne Gonzalez Rogers yesterday issued a Temporary Restraining Order stopping the City of Emeryville from evicting the Ashby/Shellmound homeless encampment at 6701 Shellmound Street.
Emeryville had posted notices at the encampment notifying the residents that they had to move all their belongings and any structures they had created to live by Monday, April 19 or all their property and personal possessions would be disposed of. On Friday, April 16, the East Bay Community Law Center, the Eviction Defense Center, and Where Do We Go Berkeley (an advocacy organization that has been working with the encampment) sent an urgent letter to Emeryville City Manager Christine Daniel demanding that Emeryville cease all efforts to evict the encampment until the people living there had “been provided housing suitable to their needs.”
As the eviction was scheduled for the following Monday, the letter requested a response by close of business that day. When no response was received, and with no other option to prevent their eviction and the destruction of their property, residents of the encampment joined by Where We Go Berkeley, filed a request for a Temporary Restraining Order in the Northern District of California at midnight Sunday, April 18.
They are represented by Andrea Henson of the Eviction Defense Center, and Dan Siegel and EmilyRose Johns of Siegel, Yee, Brunner & Mehta. The Temporary Restraining Order was issued before 10:00 AM on the morning scheduled for the eviction.
Ian Cordova Morales Rogers, President of Where Do We Go Berkeley commented: “This type of forced dispersal of our communities has proven to be ineffective at solving the homelessness crisis, it is worse than it has ever been. We need to find safe places that people actually want to go.”
Andrea Henson, Attorney at the Eviction Defense Center commented: “During this national COVID-19 pandemic, we must not forget that the United States Constitution, its amendments, and CDC guidelines, apply to every person including the homeless, the disabled, the poor, and the vulnerable.”
Residents of the encampment were thrilled and relieved when they learned that their eviction had been stopped by the court.
Encampment resident Jon Reed commented: “We should be awarded the same moratorium on evictions as the renter population. For essentially, the City of Emeryville is evicting us.”
His neighbor Asia Ford shared his vision: “There should be a process involved with evictions. The reasoning should be posted as well as an appeal date and court hearing”
A copy of the order issued by the court, its application, the complaint, the eviction posting, and the letter sent to Christine Daniel are attached