BREAKING NEWS

Calling Laguna Beach worthy of “the Scrooge award” and alleging the city “has declared war on the homeless,” the ACLU of Southern California launched Dec. 30 what representatives say is a historic legal challenge to municipal enforcement of anti-sleeping laws and other measures against homeless disabled people.

The ACLU — joined by Constitutional scholar Erwin Chemerinsky of UC Irvine School of Law — filed the suit Tuesday morning in U.S. District Court in Santa Ana on behalf of five homeless disabled people who allege mistreatment by the Laguna Beach Police Department. The suit was filed on behalf of Mark Sipprelle, Helen Ayres, Felipe Ruiz, Robert Carmichael and Paul Ishak, all of whom are identified as disabled homeless residents of Laguna Beach.

“This is the first lawsuit of its kind in the U.S. and seeks to enjoin the criminalization of homelessness against the mentally ill and physically disabled homeless,” said Mark Rosenbaum, legal director of the ACLU of Southern California, during a Tuesday morning press conference.

The Newport Beach law firm of Irell & Manella, whose partners say they have been working with Laguna Beach for a year seeking to resolve homeless issues, are also involved in the suit, which seeks no monetary damages for the homeless individuals, but does seek attorneys’ fees and costs.

Rosenbaum said he had attended the Laguna Beach community’s holiday breakfast for the homeless on Dec. 20, where he met many homeless people and those trying to help them.

“The city leaders don’t represent the will of those at the breakfast,” Rosenbaum said.

Laguna Beach Mayor Kelly Boyd said he could not comment on the suit until he had seen it and had been advised by the city attorney. Boyd, who owns a bar in downtown Laguna Beach, led the city’s efforts to address homeless issues by calling for a task force in 2007 as a councilmember.

Rosenbaum said the city’s anti-sleeping ordinance — which prohibits sleeping on public property at any time, except for the city’s beaches, where it is legal to sleep between 7 a.m. and 7 p.m. — is unconstitutional, and the lawsuit seeks a federal order striking it down.

“The city arrests, searches, interrogates and prosecutes people for sleeping in public places,” Rosenbaum said. “In Laguna Beach, there are more art galleries than shelter beds.”

The plaintiffs allege that city officials are also in violation of the Americans with Disabilities Act in enforcing the anti-sleeping ordinance. The suit also alleges Laguna Beach police violate Constitutional provisions against improper searches and seizures; have “thwarted” attempts by advocates to assist homeless people; and denied permits for a proposed homeless service center that would have provided emergency beds.

City officials believe they have gone to great lengths to provide assistance, and have stopped citing people for sleeping on public property, said Assistant City Manager John Pietig. Pietig had not seen the lawsuit, which had not been served to the city at the time of his comments.

“The city has done a lot for the homeless,” Pietig said.

Rosenbaum said the city has not done enough considering its means.

“In our nation, it is not a crime to be poor or homeless and mentally or physically disabled, but in Laguna Beach, one of the most affluent cities in the United States, where median home prices exceed $1.5 million, there are no shelter beds for the mentally and physically disabled homeless,” Rosenbaum said.

Rosenbaum pointed to the findings of the city’s Homeless Task Force which determined that most of the city’s 45 to 55 homeless are chronically homeless due to mental or physical disabilities — evidence he claims that city officials know the nature of the issue but refuse to address it.

“The city’s primary shortcoming is its failure to move forward to support or create any meaningful outreach system for its homeless residents, most of whom, as the task force explained, are chronically homeless because of mental and/or physical disabilities,” said Jill Sperber of Irell and Manella.

The plaintiffs accuse the city of using a “law enforcement” approach rather than a social services approach, in an effort to drive homeless people out of the city.

One of the Homeless Task Force recommendations which has been carried out is the designating of a police officer to the homeless beat. The officer, who seeks out homeless individuals, has in some cases been able to find them assistance or shelter.

“This is a misguided effort which treats homelessness as a law enforcement issue,” Rosenbaum said.

Rosenbaum said the city-supported and church-operated cold weather emergency shelter bed program is too little assistance for disabled homeless persons, since it operates only when the temperature is in the 40s and only for 40 days a year.

Laguna Beach resident Jim Keegan, who said he has been an advocate for the homeless in the city, also appeared at the press conference.

“This is an important moment for the homeless in Laguna Beach,” Keegan said. He noted that, while the city is home to the Friendship Shelter, a homeless transitional shelter, there are only 30 beds at the facility and they are not designated for Laguna Beach homeless.

None of the homeless individuals attended the press conference, out of fear that they would be further harassed by police, according to Rosenbaum.