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Preliminary Injunction Issued for Vallejo Homeless Woman
Vallejo, CA – February 11th, 2025 – In a major victory for unhoused individuals' rights, the U.S. District Court for the Eastern District of California has granted a preliminary injunction protecting Evelyn Davis Alfred, a 64-year-old African American disabled woman, from being forcibly removed from her shelter by the City of Vallejo. The order prevents the City from dismantling her shelter, citing the potential violation of her constitutional rights and the irreparable harm she would suffer if displaced. We believe this is the first preliminary injunction issued since City of Grants Pass v. Johnson.
A press conference will be held at: 10am on Wednesday, 02/12/2025, at Vallejo City Hall, 555 Santa Clara St, Vallejo, CA 94590.
Ms. Alfred, who has multiple disabilities, including severe osteoarthritis and degenerative disk disease, has lived in a self-built shelter for nearly two years. Despite her disability and lack of alternative housing options, the City of Vallejo issued notices for removal of her shelter without offering meaningful accommodations or support. The court found that removing Ms. Alfred without an alternative would expose her to increased risks and that she had raised serious legal questions regarding the City's failure to accommodate her under the Americans with Disabilities Act (ADA) and the Fourteenth Amendment’s state-created danger doctrine.
Attorney Anthony Prince, General Counsel for the California Homeless Union, hailed the ruling as a critical precedent for protecting the rights of unhoused individuals. “This decision reaffirms that cities cannot simply sweep unhoused residents off public land without considering their basic rights and needs. The court recognized that Ms. Alfred is not just a statistic—she is a human being entitled to the same legal protections as any housed person.”
Attorney Andrea Henson, co-counsel for Ms. Alfred, emphasized the broader implications of the case: “Cities like Vallejo and those that are passing broad anti-camping laws cannot expect unhoused individuals to disappear from their jurisdictions nor can blame the unhoused for the lack of available housing. Despite her disabilities and lack of resources, Ms. Alfred applied to over 19 housing programs without the help of the City of Vallejo. In this case, our Constitutional protections prevailed when Judge Coggins ruled in Ms. Alfred’s favor finding that “the Defendant City has explicitly stated it will not permit Plaintiff to move or camp anywhere within the City . . . Plaintiff is disabled with limited mobility and unable to carry survival gear…” and “[c]ourts have found there is a strong ‘public interest in maintaining the protection afforded by the constitution to those most in need of such protections,’ including unhoused individuals.”
Eli Smith, Vallejo Homeless Union advocate and supporter of Alfred, stressed that, “The real pain of poverty is that it strips away your choices. So many cities persecute unhoused people for operating within a framework that was forced upon them. People build shelter in self-defense. This injunction reinforces the fact that the crisis of homelessness is a crisis of civil rights.”
Robert Toepfer, a Vallejo Homeless Union member, stated, “This legal precedent proves that the City of Vallejo shall not displace unhoused people on a whim, and we look to the local government to affect more transparency and clarification moving forward. Most people are one bad paycheck away from being in my situation. The judge’s decision protects us all.”
Kathy Salm, a Vallejo Homeless Union Officer, said, “The injunction reminds the city that we are not forgotten people.”
Shawn O’Malley, a Vallejo Homeless Union Member, expressed, “I’m a registered voter. I’m a taxpayer. I’m a husband. I’m homeless, but I’m still a human being. The judge’s decision shows that they sweep my human rights away when they sweep my home.”
The ruling underscores the ongoing struggle of unhoused individuals in California, as municipalities continue to implement aggressive removal policies without providing viable alternatives. Advocates say this injunction is a step toward broader accountability and humane treatment of the unhoused population.
The case will proceed as the court continues to monitor the City’s actions and compliance with its legal obligations.
Ms. Alfred, who has multiple disabilities, including severe osteoarthritis and degenerative disk disease, has lived in a self-built shelter for nearly two years. Despite her disability and lack of alternative housing options, the City of Vallejo issued notices for removal of her shelter without offering meaningful accommodations or support. The court found that removing Ms. Alfred without an alternative would expose her to increased risks and that she had raised serious legal questions regarding the City's failure to accommodate her under the Americans with Disabilities Act (ADA) and the Fourteenth Amendment’s state-created danger doctrine.
Attorney Anthony Prince, General Counsel for the California Homeless Union, hailed the ruling as a critical precedent for protecting the rights of unhoused individuals. “This decision reaffirms that cities cannot simply sweep unhoused residents off public land without considering their basic rights and needs. The court recognized that Ms. Alfred is not just a statistic—she is a human being entitled to the same legal protections as any housed person.”
Attorney Andrea Henson, co-counsel for Ms. Alfred, emphasized the broader implications of the case: “Cities like Vallejo and those that are passing broad anti-camping laws cannot expect unhoused individuals to disappear from their jurisdictions nor can blame the unhoused for the lack of available housing. Despite her disabilities and lack of resources, Ms. Alfred applied to over 19 housing programs without the help of the City of Vallejo. In this case, our Constitutional protections prevailed when Judge Coggins ruled in Ms. Alfred’s favor finding that “the Defendant City has explicitly stated it will not permit Plaintiff to move or camp anywhere within the City . . . Plaintiff is disabled with limited mobility and unable to carry survival gear…” and “[c]ourts have found there is a strong ‘public interest in maintaining the protection afforded by the constitution to those most in need of such protections,’ including unhoused individuals.”
Eli Smith, Vallejo Homeless Union advocate and supporter of Alfred, stressed that, “The real pain of poverty is that it strips away your choices. So many cities persecute unhoused people for operating within a framework that was forced upon them. People build shelter in self-defense. This injunction reinforces the fact that the crisis of homelessness is a crisis of civil rights.”
Robert Toepfer, a Vallejo Homeless Union member, stated, “This legal precedent proves that the City of Vallejo shall not displace unhoused people on a whim, and we look to the local government to affect more transparency and clarification moving forward. Most people are one bad paycheck away from being in my situation. The judge’s decision protects us all.”
Kathy Salm, a Vallejo Homeless Union Officer, said, “The injunction reminds the city that we are not forgotten people.”
Shawn O’Malley, a Vallejo Homeless Union Member, expressed, “I’m a registered voter. I’m a taxpayer. I’m a husband. I’m homeless, but I’m still a human being. The judge’s decision shows that they sweep my human rights away when they sweep my home.”
The ruling underscores the ongoing struggle of unhoused individuals in California, as municipalities continue to implement aggressive removal policies without providing viable alternatives. Advocates say this injunction is a step toward broader accountability and humane treatment of the unhoused population.
The case will proceed as the court continues to monitor the City’s actions and compliance with its legal obligations.
For more information:
https://www.wdwg.org/
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