Berkeley businesses sue city over homeless encampments
BERKELEY, Calif. - Business owners in Berkeley joined forces to file a lawsuit against the city over sprawling homeless encampments, claiming the sites are hurting their bottom line.
The lawsuit filed on Tuesday represents several businesses including Boichik Bagels, Fieldwork Brewing and Covenant Winery. They blame the city for not taking enough action to remove the encampments, as first reported by the Berkeley Scanner.
The lawsuit alleges that the city has permitted encampments on Harrison Street between Fifth and Ninth streets, another in the Lower Dwight neighborhood, and one along Codornices Creek.
Emily Winston, the owner of Boichik Bagels, said she has tried to work with Berkeley over the years on how to control the sprawling encampment near her.
"It's tough. It's filthy. There's trash everywhere. The street is freighting to drive down for customers. It's not safe for our customers or our staff," said Winston.
She said she wants unhoused residents on the streets to receive shelter and the treatment they need, but criticized the city for failing to improve the conditions, leaving her no option but to pursue legal action.
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Advocates told the Santa Clara County Board of Supervisors that things seem to be getting worse for people living on the streets.
"I was not eager to do this. This was certainly not my idea of a good time. I wish the city would just have cleaned it up anyway," she said.
Covenant Winery and Fieldwork Brewing agree with Winston's sentiment.
The owner of Fieldwork Brewing, Barry Braden, said the encampments pose an ongoing health and safety hazard. He said a woman recently came in asking for food and the situation escalated.
"When the manager on duty offered help, she left only to return two minutes later with a 10-foot metal pole swinging it at customers and employees; she was chased out of the building by customers and ultimately arrested by police," he said.
Steven Tully, an attorney for the businesses, said if any person allowed people to camp and leave trash everywhere on their property they would be declared a public nuisance.
"The city is bound by those same rules, same laws on their property. Yet, they just simply refuse to maintain their property in a safe and sanitary manner," he said.
At the time of publication, the city attorney had not responded to KTVU's request for comment on the lawsuit.