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HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 08OCity and County of San Francisco: Office of City Attorney 2o couHrr Louise H. Renne, u` > r Y City Attorney ITEM ► • Michael E. Olsen DEPUTY CITY ATTORNEY - (4 15 ) 554 -4257 -)ur J Me©rng June 1); 1994 Re: Tobe, et al. v CitV cif Santa Ana, Supreme Court of the State of California, No. S- 038530; Appeal from Fourth District, Division 3, Nos. G- 014257 and G- 014536 TO ALL CALIFORNIA CITY ATTORNEY:: The League of California ('1ties' legal advocacy committee has passed a resolution urging all California cities to join in an amicus curiae brief seeking reversal of the decision of the Court of Appeal in the above - captioned case. The City Attorney for the '`ity and County of San Francisco has volunteered to prepare the brief. As set forth on the attached "Applicat.L)n for Permission to File Amicus Curiae Brief, etc.," we cyKpect t:.he brief to be due on July 31, 1994. The decision in Tobe, et al. v. City of Santa Ana, 22 Cal-App-4th 228 (1994), is a sweeping decision by the Fourth District Court of Appeal striking Santa Ana's laws against public camping and public storage of personal goods. The Court held that so long as other housing alternatives were unavailable ar:dtx's homeless population has the Xj_ght to camp, live, an conduct "life- sustaining" activities in public places. See also Pottinger V. Miami, 810 F.Supp. 1551 (S.D. Fla. 1992`. (holding ot inger V. Tobe ruling is not merely "as applied" to Santa Ana, butThe enunciates an implied general constitutional right to public housing, a right expressly rejected by the United States Supreme Court. Further, by const.itutionalizing the right to live, sleep, and conduct personal activities in public places, the Tobe decision removes from municipal government the freedom to strike its own balance between the needs of individuals and the needs of the _:ommunity. Regardless of the particular policy of any community, the freedom to pursue that policy at a municipal. level must be preserved. The attached "Application fo: Permission to File AMI Curia Brief, etc." more fully sets forth the position that We .intend to take in our brief, RECEIVED -r (415) 554 -4283 Room 206 Hall JUN 1 5 1994 City of Moorpark San Francisco 94102 -4682 June 10, 1994 page 2 of 2 We request that you agree to join your name to the list of Amicus Curiae that seek reversal of the decision in Tobe. Should you elect to join, please authorize us in writing to add your name to the members of the League of California Cities that join this amicus brief. Further, it will be extremely useful to provide to the Court a compendium of the myriad statutes, regulations, and ordinances that California cities use to maintain public areas. If your jurisdiction enforces laws against camping, public lodging, sleeping in parks, obstructing sidewalks, or conduct of that kin, please provide along with your authorization a copy of the relevant statutes, ordinances or regulations. Because we will request Judicial Notice, please include with the copy the cover page of the volume in which the law appears (indicati_nq the jurisdiction, year, and title of the law) as well as the specific section and language of the law. We request that you respond by July 10, 1994, in order that we may incorporate fully al submissions. Thank you. Please do not h- si.tate to contact me if you have any questions. Ve r y truly yours, LOC.! ISE', H. RENNE C i? y Attorney 7 MICHAEL E. OLSEN De[ uty City Attorney Enclosure (415) 554 -4283 Room 206 City a fall San Francisco 94102 -4682