Battle between city of Salinas and homeless community over Chinatown sweeps continues

UPDATE 3/3/2016 4:35 PM: An attorney representing the Salinas homeless community plans to file a temporary restraining order against the city’s cleanups of Chinatown.

On Thursday, a federal judge ruled the case will continue.

The city of Salinas says cleanups are still on hold, but earlier this week, the judge ruled cleanups could continue given a 15 day notice.

Attorney Anthony Prince, representing the homeless community, says he has until Monday to file the restraining order.

The case will be back in court on March 17.

ORIGINAL STORY: “I’ve been here since 2005,” said Todd Fisher who is homeless.

But now Fisher along with many others in Chinatown may have to find a new place, after a judge ruled against a lawsuit aimed at preventing the city from removing personal property within 24 hours.

“The judge’s ruling was a little bit disheartening as I was looking forward to a possibility to be able to extend this at least until the harder weather,” said Van Gresham, who is homeless.

Attorneys say on Monday the judge ruled the city can continue cleaning up Chinatown because a new law addresses problems and complaints with an older version.

“The new ordinance makes it very clear that unless there’s a health and safety emergency the city will provide notice,” said Salinas City Attorney Chris Callihan. “It will provide notice of at least 15 days in advance of the cleanups. We can’t just go in and throw people’s belongings out without notice it’s a requirement.”

Many supporting the homeless say it’s still unfair and they intend to fight it.

“It violates the Fourth Amendment which is unreasonable search and seizure,” said attorney Anthony Price. “It violates the Fifth Amendment which is protect people, their property being seized without due process.

Instead, they’re asking the city to provide more housing in Chinatown.

“For pennies, large tracks of land are being handed over to private interest and yet homeless people are being kicked off vacant lots,” said Prince.

The city says the new law allows people to camp on streets and sidewalks overnight between 6 p.m. and 6 a.m.

“We have a warming shelter right across the street which is less than half full each night,” said Callahan. “There are housing options for these folks if they want to choose to do so overnight, they’re just not choosing to do so.”

Those named on the lawsuit say they plan to fight the ruling, by looking at options including an appeal or a temporary restraining order.

The city attorney says services will be available to help people in Chinatown.