A group of California small business owners filed a lawsuit against the city of Berkeley this week, alleging that the streets around their businesses are overrun with homeless encampments littered with used syringes, human waste and rats.
The lawsuit was filed in Alameda County by eight businesses, including a brewery, a winery, a set construction company, an auto repair shop, a bagel shop and a mobile equipment supplier.
“She walked away but returned two minutes later swinging a 10-foot metal pole at customers and employees.”
The county has become a hotspot for homelessness and criminal activity in recent years, fueled by progressive politicians who are soft on crime.
The owners claim Berkeley city leaders have not complied with the city's nuisance laws and have “attracted, permitted, and/or maintained a large public encampment of tents and campers on Harrison Street between Fifth and Ninth Avenues, and along Fifth, Sixth, Seventh, Eighth, and Ninth Avenues off Harrison Street.”
The lawsuit alleges the district was allowed to occupy parts of Harrison Street and Lower Dwight as an encampment because it “misinterpreted” rulings from the U.S. 9th Circuit Court of Appeals in two cases that held that criminal charges cannot be brought against individuals who camp in public places when there is no shelter.
But the lawsuit argued that the ruling doesn't allow the city to violate public nuisance laws, and the business owners argued that the shelter space was available.
And earlier this year, the US Supreme Court overturned a lower court ruling, ruling that local governments can remove public camps regardless of available shelter space. Nevertheless, Berkeley's makeshift tent city remains in place.
The complaint also includes images taken after the city conducted so-called “cleanup” operations that show the encampments had not been removed. Instead, tents remained lined up on the sides of roads, often blocking access to sidewalks.
“It's a big deal,” said Emily Winston, a Berkeley resident and owner/operator of a local bagel shop. KTVU“It's terrible. It's dirty. There's trash everywhere.”
“This is not safe for customers or employees,” Winston said, adding that she was “not keen” on suing.
“This was never a fun time for me, and I wish the city had just cleaned this up,” Winston added.
Shop owners are concerned about health and safety issues posed by the sprawling encampments, and they worry that unsightly, unsanitary conditions will drive away customers.
Brewery owner Barry Braden told KTVU that a woman recently came into his business asking for food.
“When the manager on duty offered to assist, she left, only to return two minutes later swinging a 10-foot metal pole at customers and employees. Customers chased her out of the premises and she was ultimately arrested by police,” Braden explained.
In 2018, the year Governor Gavin Newsom (Democrat) took office, an estimated 131,000 The number of homeless people in California has since been reported to have reached projected levels. 172,000.
An attorney for the city did not respond to KTVU's request for comment.
Like Blaze News? Bypass the censorship and sign up for our newsletter to receive stories like this directly to your inbox. Register here!
