Lawsuit against city and county claims homeless camps on Sacramento sidewalks violates disability rights
SACRAMENTO — It's a new legal frontier in the fight to take action against the homeless epidemic in Sacramento.
Sacramento's disabled community is suing the city and county to clear the sidewalks of encampments they say violate the Americans with Disabilities Act.
Chester McNabb is one of the plaintiffs in the class action lawsuit. He uses a motorized scooter to get around Sacramento. McNabb is suing the city and county for allowing so many homeless on sidewalks, compromising his access and safety. He is seeking both jurisdictions to clear space.
"I just don't want to find myself in an unrepairable situation," McNabb said."They need to be tougher. They need to be better. They need to be more understanding, more credible."
The lawsuit reads in part:
"…Defendant City's, and Defendant County's, administrative methods, policies, and procedures, or lack thereof, discriminate against persons with disabilities..."
Photos included in the lawsuit show McNabb unable to get by homeless encampments spread across a Sacramento sidewalk. The city and county have each created rules limiting homeless encampments on sidewalks in the past year. The problem persists.
Jeff Kravitz is a Sacramento attorney, not connected to the lawsuit, who is eager to see how the lawsuit plays out.
"From a point of view of a public policy discussion, and political strategy, the filing of this suit is absolutely brilliant," Kravitz said. "It will be quite fascinating to see how this works out. It's a very interesting angle, but it shows how, you know, the general public frustration, that there is the problem that is seemingly endless."
"I think it's really dangerous," McNabb said.
It's a push to force action in the fight against homelessness, but will a federal ADA lawsuit create the change?
The city and county would not respond to a request for comment. They have 21 days to respond to the plaintiff's claims in court.