Federal judge orders Berkeley to temporarily halt encampment removal

Federal Judge temporarily halts Berkeley from removing a homeless encampment

Berkeley Police and public works crews moved to take down a homeless encampment in the area of 8th and Harrison Streets early Wednesday morning. A city spokesperson says it was months in the making and that the homeless were given notice in January. But those living on the streets in makeshift structures and in vehicles say they were not given any notice. A federal judge agreed and ordered Berkeley to halt the removal until at least next week, when there is a court hearing scheduled to deal with this matter on June 10th.

BERKELEY, Calif. - A Berkeley homeless encampment is being called a public health hazard. So on Wednesday morning, police and city workers took it down.  But hours later, a federal judge stepped in and put a stop to the removal.

On Wednesday afternoon, people returned to the area of 8th and Harrison streets.  

They pitched tents and re-settled this afternoon, soon after the judge issued the order. 

But Matthau Chakko, the spokesperson for the city of Berkeley, said the removal of the encampment was intended  to create a safe environment for the area's homeless, residents and businesses. 

And that means the area's  residents, businesses and the homeless

Erin Spencer lived in his makeshift home on wheels.

He said he scrambled to move it around 6am on Wednesday from where he usually parks. 

Crews operated heavy machinery to take down the encampment.

"They gave us no warning and then suddenly we had to leave for 20 minutes to grab your s----hit. And get gone," said Spencer.

Chakko said the area hasn't been safe for anyone. 

"We've seen rodents, rotting garbage, feces, combustible materials, hyperdermic needles," he said.

He said the city posted notices in January that it intended to close the camp.

But the Berkeley Homeless Union, an advocacy group, said it received a  temporary restraining order from a federal judge to stop what it calls encampment sweeps.  

But that order expired late last month.

Another notice was posted on Wednesday.

"This is the notice that they posted for the sweep, which they posted  three quarters of the way through the sweep," said Gordon Gilmore with Berkeley Homeless Union.

On Wednesday afternoon, a federal judge ordered the city not to close the encampment.

That's why we've tried so hard to house people. But you can't force somebody to take housing," said Chakko.    

One woman who declined to give her name said she lost her belongings.

She said she  had been away at a sobriety treatment center when the city was working to remove the encampment.

"I was very  flabbergasted," she said. "I was very upset."

Spencer returned to the area with his trailer as soon as he heard that a judge had stopped the city from shutting down the encampment temporarily.

"I'm a recycler, a dumpster diver. I'm a scrapper. I go and find the interesting things that  other people don't think they need and throw away. You can't do that in the hotels that they offer," said Spencer.  

Chakko said city officials will follow the law and take a look at next steps.

There is a court hearing scheduled for this matter on June 10.  

Amber Lee is a reporter with KTVU. Email Amber at Amber.Lee@Fox.com or text/leave a message at 510-599-3922. Follow her on Facebook @AmberKTVU,  Instagram @AmberKTVU  or Twitter @AmberKTVU