July 2021 - Parks & Recreation - 32

LAW REVIEW
as " a stringent standard of fault,
requiring proof that a municipal actor
disregarded a known or obvious
consequence of his action. " In considering
the existence of deliberate
indifference, the court would, therefore,
" examine whether the city left
the person in a situation that was
more dangerous than the one in
which they found him. " Accordingly,
for purposes of issuing a preliminary
injunction, the federal district
court would determine " whether
Plaintiffs are likely to succeed in
demonstrating that the City's closure
of the Encampment at this
point in time will put the homeless
persons living there at greater risk of
contracting COVID-19. "
The Encampments provided
services and survival items
for individuals experiencing
homelessness, including actual
or make-shift shelter.
CDC Guidelines
As noted by the federal
district
court, CDC had issued " Interim
Guidance on Unsheltered Homelessness
and Coronavirus Disease
2019 (COVID-19) for Homeless
Service Providers and Local Officials. "
These CDC Guidelines are
provided as follows:
If individual housing options
are not available, allow people
who are living unsheltered or in
encampments to remain where
they are. Clearing encampments
can cause people to disperse
throughout the community and
break connections with service providers.
This increases the potential
for infectious disease spread.
Since " the CDC Guidelines are not
32 Parks & Recreation | JULY 2 0 2 1
| PARK S ANDRECRE AT ION . OR G
binding and do not set constitutional
standards, " the City had argued the
court should not consider them in its
preliminary injunction analysis.
The federal district court, however,
found the CDC Guidelines
were " clear and specific, " namely,
" if there is no alternative housing
available, leave the encampments
to remain where they are because
clearing encampments may increase
the potential for infectious disease
spread. " Moreover, the court noted
cities and states, including the City
of Santa Cruz, " routinely look to the
CDC for guidance during this novel
pandemic, " in particular, " considering
the CDC Guidelines in evaluating
the relative COVID-19 risk. "
Regional Stay
at Home Order
Further, the court found the CDC
Guidelines were " consistent with
the California Department of Public
Health's most recent Regional
Stay at Home Order, also adopted
by the County of Santa Cruz. " The
Regional Stay at Home Order stated:
" all individuals living in the Region
shall stay at home or at their
place of residence. " In this particular
instance, the court further noted
that the City of Santa Cruz " offers
no alternative authority to that of
the CDC in managing the homeless
population in this pandemic. "
As described by the federal district
court, the Encampments provided
services and survival items for individuals
experiencing homelessness,
including actual or make-shift shelter.
In addition to shelter, the court
found the population of people experiencing
homelessness had access to
services and hygiene facilities at the
Encampment,
including
showers,
portable toilets, handwashing stations
and sharps disposal containers.
The court, however, noted " the first
phase of Encampment closure led to
people losing their tents and tarps, "
which had provided shelter.
Most notably, as characterized by
the court, " one of the vital services
is nurses from Homeless Persons
Health Project coming to the park
every couple of days to check in with
campers and offer medical assistance
as needed. " The Plaintiffs also presented
evidence that " the homeless
persons receive donations at the Encampment,
such as clothing, food,
masks, and medical supplies. "
No Alternative
Housing Options
In this particular instance, the
Plaintiffs and the City had agreed
that " there are no alternative shelters
or individual housing options
available for the people residing in
the Encampment " :
Despite efforts by the City and
County to accommodate the homeless
persons during the COVID-19
pandemic, including expanding
shelter capacity at multiple locations,
the longer-term shelters are
generally full. Further, the County
has a prioritized referral pool from
which vacant shelter beds are quickly
filled, and the individuals encamped
at San Lorenzo Park do not have
priority within that system.
Under these circumstances, the
federal district court indicated the
CDC Guidelines and the Regional
Stay at Home Order were " instructive
in evaluating the risk and
danger " in determining whether
a preliminary injunction was warranted.
In the opinion of the court,
" the Plaintiffs are likely to succeed
in demonstrating that
the
City's
dispersal of the homeless persons

July 2021 - Parks & Recreation

Table of Contents for the Digital Edition of July 2021 - Parks & Recreation

July 2021 - Parks & Recreation - Intro
July 2021 - Parks & Recreation - Cover1
July 2021 - Parks & Recreation - Cover2
July 2021 - Parks & Recreation - 1
July 2021 - Parks & Recreation - 2
July 2021 - Parks & Recreation - 3
July 2021 - Parks & Recreation - 4
July 2021 - Parks & Recreation - 5
July 2021 - Parks & Recreation - 6
July 2021 - Parks & Recreation - 7
July 2021 - Parks & Recreation - 8
July 2021 - Parks & Recreation - 9
July 2021 - Parks & Recreation - 10
July 2021 - Parks & Recreation - 11
July 2021 - Parks & Recreation - 12
July 2021 - Parks & Recreation - 13
July 2021 - Parks & Recreation - 14
July 2021 - Parks & Recreation - 15
July 2021 - Parks & Recreation - 16
July 2021 - Parks & Recreation - 17
July 2021 - Parks & Recreation - 18
July 2021 - Parks & Recreation - 19
July 2021 - Parks & Recreation - 20
July 2021 - Parks & Recreation - 21
July 2021 - Parks & Recreation - 22
July 2021 - Parks & Recreation - 23
July 2021 - Parks & Recreation - 24
July 2021 - Parks & Recreation - 25
July 2021 - Parks & Recreation - 26
July 2021 - Parks & Recreation - 27
July 2021 - Parks & Recreation - 28
July 2021 - Parks & Recreation - 29
July 2021 - Parks & Recreation - 30
July 2021 - Parks & Recreation - 31
July 2021 - Parks & Recreation - 32
July 2021 - Parks & Recreation - 33
July 2021 - Parks & Recreation - 34
July 2021 - Parks & Recreation - 35
July 2021 - Parks & Recreation - 36
July 2021 - Parks & Recreation - 37
July 2021 - Parks & Recreation - 38
July 2021 - Parks & Recreation - 39
July 2021 - Parks & Recreation - 40
July 2021 - Parks & Recreation - 41
July 2021 - Parks & Recreation - 42
July 2021 - Parks & Recreation - 43
July 2021 - Parks & Recreation - 44
July 2021 - Parks & Recreation - 45
July 2021 - Parks & Recreation - 46
July 2021 - Parks & Recreation - 47
July 2021 - Parks & Recreation - 48
July 2021 - Parks & Recreation - 49
July 2021 - Parks & Recreation - 50
July 2021 - Parks & Recreation - 51
July 2021 - Parks & Recreation - 52
July 2021 - Parks & Recreation - 53
July 2021 - Parks & Recreation - 54
July 2021 - Parks & Recreation - 55
July 2021 - Parks & Recreation - 56
July 2021 - Parks & Recreation - Cover3
July 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com