By Miri Valenzuela
BERKELEY–On Tuesday, November 7, 2023, Berkeley police arrested two individuals, one residing in the West Berkeley encampment and the other an observer. This occurred during the closure and clearing of the Seventh and Harrison streets encampment in West Berkeley. The move followed the lifting of a temporary restraining order issued in September, part of an ongoing lawsuit against the city over the destruction of residents’ possessions.
The city initiated the closure after serving a “notice of imminent health hazard and emergency abatement” on a section of Harrison Street between Seventh and Eighth streets on November 2. The process began around 7 a.m. on Tuesday, adhering to the city’s requirement of providing at least 72 hours’ notice before abatement. Enforcing their “shared sidewalk policy” at Harrison Street, the city mandated that belongings be limited to a 9 square feet space (3-foot by 3-foot square) after serving the notice.
According to advocates, Erin Spencer, an encampment resident and a plaintiff in the lawsuit, faced immediate arrest when police and city workers arrived. Spencer had relocated his belongings across the street from the posted closure notice to an area fenced off by the city before the sweep. Despite still moving items when the abatement began, Spencer was apprehended on suspicion of unlawful lodging.
Chloe Madison, who was protesting the closure and questioning the removal of Spencer’s items, was also arrested at 12:30 p.m. Advocates informed that Madison, using a megaphone, directed her concerns to a police officer, resulting in her arrest. Officer Matthew Valle cited violations of the Berkeley municipal code, including “standing in roadway,” resisting arrest, and battery on an officer.
Advocates have raised concerns about the legality of Spencer’s arrest and the property seizure, questioning whether it violated terms outlined in the lawsuit, such as the 72-hour notice. Peter Radu, head of the city’s homeless response team, stated that Spencer had been given the option to move to the Super 8 Motel and given enough notice to relocate possessions.
The city has been striving to close the long-standing encampment at Eighth and Harrison since the lifting of the pandemic shelter-in-place order in the summer of 2021. Citing health and safety concerns, rodent infestations, and excessive trash generation, the city argues that the area poses risks to residents and neighbors. While some residents have been offered alternative housing, congregate options have proven challenging and unsafe for many.
Tuesday’s abatement focused on a small section of the Harrison Street encampment, where most residents lived in tents. A few residents accepted housing offers at the Super 8 Motel. RV residents, who previously occupied the city’s safe parking site closed last December, have dispersed to other areas within the West Berkeley encampment.
