A day after a group of homeless people in Salinas filed for a temporary restraining order against the city, aiming to prevent city officials from taking their personal belongings, a judge denied the request due to errors in the application.
“There were some problems with the form because [the court] needed additional evidence, which we are working to get,” says Berkeley-based attorney Anthony Prince, who represents the group of homeless residents. “But it was denied without prejudice, and the court is encouraging us to refile.”
The request for a restraining order against the city of Salinas comes along with a federal civil rights lawsuit filed in the U.S. Northern District of California Court in San Jose on Nov. 25.
The suit claims that after city officials passed an anti-camping ordinance targeting homeless and their belongings, homeless people have lost their medications, identifications and have not been given any notice or information on how to recover their personal belongings.
Salinas City Attorney Chris Callihan says no cleanups have been conducted since the ordinance was enacted on Oct. 18. The new ordinance allows the city to clear “bulky items” like sleeping bags and tents from city-owned property with a 24-hour notice.
But Prince says new evidence has emerged that city officials have conducted "several sweeps" after the ordinance was enacted.
Callihan says he has not yet read the complaint because he was served only with a draft copy of complaint, adding that he did not bother to read the incomplete version. He declined to comment on the allegations.
A case management conference on the case has been scheduled for Feb. 23, 2016 in federal court.