ACLU challenges city’s treatment of homeless

Calling Laguna Beach worthy of “the Scrooge award” and alleging the city “has declared war on the homeless,” the ACLU of Southern California launched Tuesday 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 at the hand of 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 news conference.

The Newport Beach law firm of Irell & Manella, whose partners say they have been working with Laguna Beach for a year looking 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 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.

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 say 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. “The city has done a lot for the homeless,” he 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 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 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.