Homeless group's battle against Salinas ordinance continues.

When a controversial ordinance cracking down on homeless encampments in Salinas’ Chinatown took effect last year, a group of homeless people sued the city, alleging it was unconstitutional to enforce it.

In addition to the lawsuit, the group’s attorney, Anthony Prince, filed for a temporary restraining order against the city, hoping it would prevent the city from clearing away “bulky items” like sleeping bags and tents, and the personal property of homeless people, as the ordinance was intended to do.

The restraining order was denied last December due to errors in the application process.

Since then a few things have happened: The city amended its ordinance, a federal judge denied a motion to grant the homeless group a preliminary injunction in the suit and the city is now free to enforce its revised ordinance.

City Attorney Chris Callihan says the city changed its ordinance on Feb. 9  and by doing so it address some of the concerns in the lawsuit’s complaint. Based on that, the federal judge deemed the issues resolved and denied the group a preliminary injunction hearing.

“The judge read through the old ordinance, and saw that the new ordinance addressed all the concerns in [Prince’s] initial complaint,” Callihan says.

Still, Prince is not happy with the judge’s decision and called the new ordinance “worse” than the first one. He also said he will seek justice at another court: “the court of public opinion,” meaning media and the citizens themselves.

“Despite the changes to the ordinance, this community faces imminent and irreparable harm, and we intend to do everything we can legally and within the city of Salinas to prevent [the enforcement of the ordinance] from happening,” Prince said at a press conference.

Prince says he intends to file a second temporary restraining order against the city to protect homeless people from the new ordinance’s legalities.

Callihan adds the amended ordinance has yet to be enforced, and that the city will give 14 days notice to people if they need to remove their items from city-owned property.

Some of the items the city could sweep from city-owned property (sidewalks, streets, alleys, parks, or parking lots) would include: sleeping bags, medication, documents, backpacks, luggage, tents, household items and clothing.

Upon amending the ordinance, City Council declared that “an emergency condition exists in the Chinatown area” and that an immediate and serious risk to public health or safety exists.”

Prince and several other homeless people at the press conference on Wednesday said “there is no serious or immediate threat to public health” and said city officials are spreading lies.

“Yes, there are problems, but there is no imminent threat,” Prince said.

A case management hearing on the federal suit will be held Thursday afternoon in San Jose.