Where Do We Go Berkeley Takes California Department Of Transportation to the Federal Courts
This posting is being written well past the initial filing for a restraining order against the California Department Of Transportation (Cal-Trans). I will break it down into a wildly oversimplified explanation of what happened so that future articles will make more sense to our readers.
Beginning: Cal-Trans announces plans to evict over 30 people experiencing homelessness along the ashby freeway exit citing safety concerns from fire hazards, traffic accidents, and more.
Where Do We Go Berkeley organizes members of the encampment and files a Temporary Restraining Order against Cal-Trans blocking their ability to evict encampment residents. The case is presided over by the Honorable George Chen a 9th Circuit Federal Court Judge appointed by Barack Obama. The TRO is approved and WDWG is given more time to assist the residents in finding housing.
The TRO moves into its next phase to become a Preliminary Injunction further blocking Cal-Trans from being able to evict residents. Judge Chen orders the injunction and gives encampment residents 6 months to find housing. Where Do We Go Berkeley argued that evicting these residents, many of whom have disabilities was a violation of the Americans with Disabilities Act by which Cal-Trans implemented a state program for homelessness abatement that did not take into consideration the physical and mental disabilities of residents. A common misconception (one echoed by misinformed Berkeley Politicians)was that Where Do We Go Berkeley was trying to
6 months later the preliminary injunction was lifted and an eviction is scheduled for May 4th and 5th To be Continued...