Legal Question in Civil Rights Law in California
If someone is involuntarily homeless (can't find a job that they are able to do) and is sleeping in the park, does the city have a right to harass (repeatedly wake up the person in the night) or arrest the person for camping (which is not legal in the parks or open spaces)? The cheapest rents are $1260/month.
Does the homeless person have to tie down the sprinkers (temporarily disabling them) so as not to be doused with reclaimed water while sleeping since there is not a single space in any park that is not irrigated? (And the sprinklers go on throughout the night)
The waiting list for any shelter (which does not exist in the city or even any of the cities bordering the city) is 1 year. There is a fair number of homeless people in my city, I have seen two of them get harrassed by police. There are reports of illegal "dumping" where homeless are picked up and let off in another impoverished and overcrowded city where multiple families live in the same tiny houses. I have asked several sheriffs about this and I have been told things along the lines of "I don't know what to tell you...It's not legal to camp" and "No it's not illegal to be homeless but it's not legal to sleep in public spaces."
The State Constitution guarantees (in Section 1) a right to defend life and liberty.
Would this not be violated by making "camping" illegal for homeless?
1 Answer from Attorneys
Nice try, no brass ring. Unpleasant reality is that there are frequently insufficient shelter beds for the homeless. That does not authorize them to trespass or 'camp' on either private or public property. There are public and private shelters and groups to help that should be sought out.
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