Sacramento mayoral candidate slams district attorney for homeless lawsuits against city

Sacramento mayoral candidate Flojaune Cofer is accusing Sacramento County District Attorney Thien Ho of “criminalizing homelessness” in his ongoing legal action against the city.

The September lawsuit, which Ho says is the first of its kind in the nation, alleges the city is allowing encampments to create an ongoing public nuisance. Cofer called the suit a waste of public resources, as all shelter beds are typically full.

“While homeless people are more likely to be the victims of crime ... there are instances where they have been the perpetrators,” Cofer said during a news conference Monday outside the D.A.’s Office downtown. “But these crimes are already crimes and we don’t need to criminalize homelessness to be able to respond to them.”

During an ongoing series of legal actions, Ho has criticized the city for not issuing citations to homeless people for blocking sidewalks, and for allowing people to sleep in tents at a Safe Ground called Camp Resolution in North Sacramento — a lot where state officials have said should only have vehicles. Most recently, in an amended complaint, Ho alleged the city should clear camps off the American River Parkway, claiming unhoused people are polluting the river.

“The real threat of contamination is that our politics are contaminated,” Cofer said. “We are here to remind Mr. Ho that he’s playing politics with people’s lives.”

Ho’s office also alleged Cofer of playing politics.

“Dr. Flo Cofer held a press conference in front of the Sacramento D.A.’s Office to criticize our efforts to address public safety and our unhoused crisis,” the D.A.’s Office wrote in a short statement after the news conference. “This political ploy to promote her campaign for mayor does not warrant any further response.”

City Attorney Susana Alcala Wood has accused Ho of suing the city because he plans to run for attorney general, possibly against Mayor Darrell Steinberg — an allegation Ho has denied. Wood and Ho have exchanged a series of heated letters this year, stemming from a conflict about different ways to interpret the vague but important 2018 Martin v. Boise U.S. Court of Appeals decision.

Ho’s suggestions appear to be making headway with some on council however. Councilmen Eric Guerra and Rick Jennings, with support from Councilwoman Lisa Kaplan, are proposing council discuss a citywide camping ban — a suggestion Ho made earlier this year.

Jessica Davila, 48, said such a ban would be a hardship for her, as she cannot walk well and her belongings are heavy. She attended the news conference to support Cofer. She said she receives a Social Security check each month for $820, but it’s not enough to afford a one-bedroom apartment. City employees have offered her a tent in the Miller Park Safe Ground, but it’s too far from a bus stop and store, she said.

So she sleeps in a tent downtown, as she has for the last 20 years.

“It’s just hard to sleep when it’s so cold,” said Davila, a Filipino immigrant and mother of three. “I have a sleeping bag and blanket but it’s not enough.”

Sacramento temperatures are set to dip into the 30s this week.

It’s unclear what will happen next with Ho’s lawsuit against the city. A hearing set for Jan. 5 was vacated after the D.A.’s Office filed the amended complaint, said district attorney spokeswoman Shelly Orio. There is no new court date set at this time.