Salinas homeless pointing to federal case to challenge local laws
SALINAS, Calif. (KION) Homeless advocates in Salinas are in an uproar over an arrest this past week at a city park.
They say a man was taken into custody who was camping out at Sherwood Park off North Main Street, and the homeless are pointing to a federal court ruling that they say overrides local laws banning sleeping in parks overnight.
Rita Acosta has been living at Sherwood Park for quite some time, but on Thursday, she picked up her tent and moved to a new spot on the sidewalk near the intersection of Iris Drive and North Main.
"It's been very hard because they didn't want us in the park anymore or anywhere, but they did say we were able to sleep in the right-of-way, the sidewalk," said Acosta.
A few months ago, the City of Salinas started enforcing existing municipal codes that ban anyone from sleeping overnight in city parks. Though most homeless have left Sherwood Park, homeless advocates say police arrested and jailed a man on Christmas Eve for trespassing.
"Going to jail for wanting a place to sleep, a safe place to sleep?" scoffed Acosta.
Homeless here are pointing to a recent federal court ruling that upheld the outcome in Martin Vs. Boise. That case makes unconstitutional any municipal code that prohibits homeless from sleeping on public property in the absence of adequate housing or shelter space.
Salinas City Councilman Scott Davis tells KION their city attorney is looking into whether this decision changes things in Salinas. But it seems for now, police are still enforcing those local laws.
Homeless advocates are crying foul.
"Harassment, intimidation, threat of arrest, arrest, those are all illegal and unconstitutional under Martin vs. Boise decision," said Wes White, a homeless advocate.
The city has done more than 20 encampment cleanups in 2019 in the Creekbridge area. They say it is for the health and welfare of the community to prevent the spread of a outbreaks, including Hepatitis A.
But for the homeless here who simply need a place to stay, the cleanups and enforcement are seen as oppressive.
"You know, it's heartbreaking because how in the world is the city moving forward?" said White.
"Bad enough where you don't have homes and then to be out here where everybody can see us, it's humiliating," said Acosta.
The city has spent over $4 million in cleanups over the past several years. And they received a $12 million grant wit the county to build a homeless shelter in town.
