Federal judge stops homeless encampment sweep for Vallejo woman as other cities expand restrictions

VALLEJO, Calif. (KGO) -- The Bay Area is entering a new era of homelessness policy and legal battles. As more cities adopt stricter ordinances, more people are taking legal action.

Andrea Henson is an attorney and Executive Director of the Berkeley based nonprofit, Where Do We Go.

"When individuals decide to bring a case, you know it's gotten pretty bad. These are not plaintiffs that are litigious," Henson said.

Andrea Henson represents Evelyn Alfred, a woman with disabilities who lives in a makeshift shelter and just sued the city of Vallejo. In February, a federal judge sided with Alfred and halted the city from taking down her camp.

Henson says the court order is significant as it's the first time since last summer's Supreme Court decision allowing cities to criminalize homelessness that a federal judge has checked that power.

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Vallejo is appealing.

"The pendulum is swinging, where we can see and this is my hope, is that we're able to demonstrate with evidence that there's no where for people to go," Henson said.

Cities are still expanding restrictions.

On Thursday, San Jose Mayor Matt Mahan proposed arresting people who refuse multiple offers of shelter, arguing the status quo isn't working.

"One out of three people in this area who are offered housing refuse to come indoors," Mahan said.

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On Tuesday, Fremont city council members voted to approve an ordinance that makes it illegal for encampments to be on most public property.

Law professor at UC Berkeley Laura Riley said with more than 6,000 unhoused people in San Jose - there's not enough available housing or shelter.

"And so practically speaking if everyone who is unhoused is supposedly given notice that there is shelter available, inevitability some people would end up with criminal penalties so it's not practical and it's completely inhumane," Riley said.

In Fremont, a coalition of civil rights advocates is suing to stop the city's new ban on camping and aiding homeless encampments.

Advocates and legal experts will hold a virtual press conference to discuss the Fremont lawsuit on Friday.

Two years ago, Riley published the book Homeless Advocacy.

"I think criminalizing it further has the risk of further distancing people from the reality unhoused people face every day," Riley said.