Judge: Homeless people’s stuff shouldn’t be destroyed when camps are cleared

Dave Orrick, Pioneer Press
·2 min read
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When authorities clear homeless encampments on public property, they can’t just trash the belongings of the people who were staying there illegally, a federal judge in Minneapolis ruled Friday.

Even though those erecting the camps don’t have the right to stay, and even though the government does have the right to forcibly clear those camps — as Minneapolis, St. Paul and other cities have done in recent years — the people staying in those camps still have rights, including the right to not have their stuff permanently destroyed, according to an order by U.S. District Judge Wilhelmina Wright.

The ruling came Friday in a 2020 lawsuit filed on behalf of nine homeless people who say officials in Minneapolis and Hennepin County violated their constitutional rights by evicting them and destroying their property in sweeps of encampments at Powderhorn, Peavey, Kenwood and Elliot parks during the first year of the coronavirus pandemic.

The case has been watched closely by local governments, homeless advocates and civil libertarians because it could help determine the tactics authorities can and can’t use — and perhaps accommodations they must make — when clearing homeless camps.

Wright previously dismissed some of the claims of the plaintiffs, who are represented by attorneys with the Minnesota chapter of the American Civil Liberties Union. And on Friday, she also rejected their argument that they had a fundamental right to privacy that would prevent authorities from making their sweeps.

The plaintiffs were living in structures unlawfully erected on public land, she ruled, and the Minneapolis Park and Recreation Board had a “strong interest in promoting the general welfare” that justified clearing them.

In Friday’s ruling, however, Wright granted the homeless plaintiffs a victory, rejecting an argument by the park board that the plaintiffs had no claims under the Fourth Amendment, which protects people from unreasonable search and seizure.

“A temporary deprivation of personal property is different from a permanent deprivation,” Wilhelmina wrote, and personal possessions, including documents and “irreplaceable personal effects,” need not be destroyed to protect public safety and fight the spread of the coronavirus.

The ruling, which came in response to the defendants’ motion to dismiss the case, doesn’t resolve the matter, but rather allows parts of the case to continue to be litigated.

Since the lawsuit was filed, authorities in both Minneapolis and St. Paul have clarified procedures for clearing homeless encampments. Those procedures include providing advance notice and, theoretically, giving people staying there time to gather any belongings they want to keep.

In response to order, the park board issued a statement Friday saying it was pleased the judge agreed with some of its arguments and acknowledging she ruled against the board in other areas.

Attorneys with the ACLU could not be reached for comment.

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