CA- ACLU Sues Calif. City, Seeks to Protect Homeless from Criminalization

12-28-2008 California (Related):

In a federal civil rights lawsuit filed today by the ACLU Foundation of Southern California, the agency says an upscale California seaside community is violating constitutional law and the Americans With Disabilities Act by treating disabled homeless individuals as if they were criminals.

"(F)or all intents and purposes, Defendants have made it illegal to be homeless in Laguna," contends the Central District of California suit (PDF). It seeks primarily injunctive relief, attorney's fees and costs, contending that government agencies of the city of Laguna Beach are violating the 4th, 8th and 14th amendments to the Constitution, as well as the ADA.

"In one instance, attorneys in the case said, a police officer was interrogating a disabled homeless woman and instructed her to put out her cigarette," reports the Orange County Register. "When she did, he cited her for putting it out in the sidewalk."

The Irell & Manella law firm is representing the plaintiffs, along with the ACLU. Erwin Chemerinsky, dean of the new law school planned by the University of California at Irvine, is co-counsel. ..News Source.. by Martha Neil