Homeless People Sue San Francisco for Property Rights Violations


For Immediate Release: June 17, 2006

On June 17, ten homeless individuals filed small claims actions against the City of San Francisco for property rights violations that occurred during last year's sweeps of Golden Gate Park. The Coalition on homelessness and the ACLU had previously advised the City of the illegality of summarily destroying homeless people's property. A hearing on the claims has been set for July 30.

In November 1997, Mayor Willie Brown ordered a crackdown on homeless people staying in and around Golden Gate Park. A key component of these sweeps was the systematic and unlawful seizure and destruction of homeless people's property. Since that time, City workers have regularly seized and destroyed homeless people's personal property both in the parks and in other public areas of the City. The City has confiscated and destroyed personal property, including life necessities such as medication, clothing and blankets, as well as irreplaceable sentimental items such as family photos.

"It's as if the City believes homeless people have no property rights," says Judy Appel, staff attorney for the Coalition on Homelessness. "The City's actions evince a rejection of the constitutionally-enshrined idea that every person, regardless of her wealth, should not be deprived of her property without due process of law."

The claims allege state and federal constitutional violations, and negligence, conversion, trespass and intentional infliction of emotional distress causes of action.

"A policy that allows the City to seize and destroy the property of homeless people not only violates their constitutional rights, but punishes people simply for being poor," said ACLU-NC Executive Director Dorothy Ehrlich. "We oppose the City's policy of sweeping homeless people and their property out of sight."

The Coalition, the ACLU and others have suggested a policy that would better protect homeless people's property rights. This policy, which allowed for pre-confiscation notice and due process safeguards, was rejected by the City Attorney's office.

"I did not have an indoor place to sleep and the city had destroyed all of my warm clothes and sleeping bag," says James G., one of the claimants. "It was especially bad because this was the rainy El Nino period." James G., who had left his property momentarily to get some food at St. Anthony's, was told by police officers upon his return that city workers had thrown all of his property into the trash truck and crushed it. James G. was particularly worried about his feet, which have metal pins in them and need to be kept warm. When he asked to retrieve his socks, boots, and tennis shoes from the trash compactor, the officer refused his request.

James B. is HIV positive, and the medications vital to his well-being were among his property seized by city workers. Despite the urgency of locating James B.'s property for medical reasons, which he explained to a Recreation and Park employee, he was not allowed to look for them in the abandoned property storage container. All of James B.'s possessions, except for a pouch found near the bottom of a dumpster, are still missing. Among them are necessities such as warm clothing, a sleeping bag, and rain gear. "I developed a severe cold due to the loss of my belongings which protect me from the weather," James B. says. He was admitted to the emergency room of the Veterans Hospital on March 23, 1998.

Paul F. was fortunate enough to have a friend watch out for his property while he was gone. However, when his friend told city workers not to take Paul's property, a police officer told him that he would "go to jail if he tried to butt in." "The city workers stole my brand-new sleeping bag that I had not even slept in yet," says Paul F. "I was afraid that if I fell asleep, I would not have woken up because it was so cold."