Ex-homeless man loses another ruling

Not enough disputable evidence exists to try a formerly homeless man’s claim that the overnight shelter in Laguna Canyon operates under unconstitutional rules, a federal judge has ruled.

U.S. Central District Court Judge David O. Carter on June 5 affirmed an earlier judicial recommendation to drop Leonard Porto’s lawsuit against the city.

Porto, 58, sued the city in April 2012, claiming he was denied permission to sleep at the Alternative Sleeping Location even though he had showered and eaten there.

At issue was Porto’s decision not to sign paperwork required before spending the night. Shelter rules, which include a dress code, restrict smoking, weapons and pets.

Porto told the Coastline Pilot last year that he declined to sign the form.

“Because plaintiff [Porto] has unequivocally testified that he will never sign the required form, he will not be allowed to use the facilities at the ASL on that basis, irrespective of the locals’ criteria,” U.S. Magistrate Judge Paul Abrams wrote in his May 6 recommendation, which Carter upheld.

In addition, Porto said police failed to put him on a list of homeless locals, who are given priority to spend the night at the facility over out-of-towners.

ASL staff could not evaluate whether Porto qualified as a local — typically someone who attended school in Laguna or had proved to police a street presence for 18 months — because he refused to sign the form, Abrams added in his ruling.

Porto said he was uncomfortable with some of the form’s language.

“At the bottom of the waiver, you sign away any and all rights, regardless of the reason,” said Porto, a computer technician who slept in his car before renting a studio apartment in December 2012. “I don’t think anyone in their right mind would do that.”

Porto also failed to prove he suffered “actual or imminent” harm to a legally protected interest, according to Abrams.

Porto plans to appeal the decision by Carter, whose courtroom is in Santa Ana.

Porto filed a separate claim against the city last year alleging police misconduct after an officer woke him while he slept in his car near Main Beach during a rainstorm.

The City Council denied the misconduct claim last year.

In an email, Porto said he plans to file a civil rights lawsuit regarding that matter.