The encampment’s lawsuit against BART and the city of Berkeley will go forward, however.
Judge William Alsup dismissed other claims that Berkeley violated homeless people’s rights when the city took their belongings.
A federal judge has ruled that Berkeley police officers used “minimal” force that was “reasonable” when they arrested several people who protested or resisted arrest during a homeless camp removal in 2016.
A judge said “First They Came for the Homeless” has made plausible claims that Berkeley seized campers’ belongings and suppressed their political expression.
The City Council acted legally when it created a Civic Center overlay in 2014, restricting 9 buildings, including the post office, for civic or nonprofit use, a judge ruled Monday.
A four-day federal trial pits the city of Berkeley against a homeless group that argues its First Amendment rights were violated.
It would cost the city nearly $1.2 million to provide 268 shelter beds for people experiencing homelessness this winter, according to papers filed Tuesday in federal court.
A federal judge will hear arguments Monday over the legality of Berkeley’s attempt to prevent the sale of its main post office by creating a zoning overlay in the civic center area
Sanctioned encampments are a practical, legal and low-cost strategy to increase shelter for Berkeley’s homeless residents.
By the time BART could have come to evict them Saturday morning, most of the campers had moved off the property on their own.
After a week-long federal trial, the jury said the city did not unfairly target First They Came for the Homeless because of its protests.