SACRAMENTO, CA – Sacramento Superior Court Judge Jill H. Talley won’t allow Disability Rights Education and Defense Fund from intervening on behalf of disabled homeless people in Sacramento County’s District Attorney Thien Ho’s lawsuit against the city of Sacramento, according to a Sacramento Bee article.
The nonprofit was seeking to “enter the case on behalf of four disabled homeless people in Sacramento,” according to the Sacramento Bee, because the group claims the four in particular would be affected by the potential increase in camp hearings, citations and arrests proposed by Ho.
The nonprofit’s request to act as intervenor was denied by Judge Talley because the case is on a six month “stay.”
“It’s not even active. There’s a second complaint on file, but no response. So there’s nothing to intervene in,” stated the Sacramento judge, noting if the case were settled, the nonprofit could file a challenge in the future.
Attorney Eric Neff for the nonprofit, wrote the Bee, “argued that any settlement talks taking place during the stay would benefit from having (his) organization involved, which is only possible if they receive intervenor status.”
“I think it would behoove the parties involved, if they care about unhoused people, to have people with lived experience to participate in any proposed settlements,” added Neff.
According to the latest census count, there are at least 2,900 homeless people with disabilities in the Sacramento area, said Neff, noting these people would be majorly affected by the DA’s support in the increase of citations, camp clearings, etc.
Talley stated the next hearing for the case is scheduled for Feb. 21, 2025.
District Attorney Ho, according to the Sacramento Bee, originally filed the lawsuit in September 2023 against the city. Within this lawsuit, he stated that “the city was causing a public nuisance by allowing homeless camps to exist on public property.”
Ho claims, reported the Bee, the city of Sacramento violated a state law by allowing camps to reside along creeks, but Judge Talley permitted the lawsuit to move forward if it were scaled down with the removal of this argument.
“Creeks on city property, such as Morrison Creek, flow to the Sacramento and American rivers. But the county, which is in charge of large sections of the American River Parkway, where thousands of people camp on the riverbanks, is not named as a defendant in the lawsuit,” the Bee reported.
Ho has criticized city leaders “for not issuing enough homeless people criminal misdemeanor citations, including fines, for blocking sidewalks,” the Bee wrote.
