California Introduces First-in-the-Nation Amendment to Recognize Housing as a Human Right
A bill introduced in the California state legislature would make that state the first in the country to amend its constitution to recognize the human right to housing. The proposed amendment was spurred by the actions of the Moms 4 Housing in Oakland, who brought new attention to the rallying cry for the human right to housing long shared by homeless and housing-insecure communities across the country and globe.
The bill language was developed through the assistance of the Law Center and Alliance of Californians for Community Empowerment (ACCE) in collaboration with Assemblymember Rob Bonta’s (D-18) office, who introduced it. The Law Center has been working to develop the legal and policy framework as well as the grassroots movement for the human right to housing since 1996.
Read our full statement here.
Homeless Plaintiffs Seek Emergency Federal Court Order
People living in vehicles in the City of San Diego—many with disabilities that increase the risk of serious illness or death from COVID-19—sought an emergency court order preventing the City from criminalizing living in vehicles under the City’s Vehicle Habitation Ordinance, and to stop towing and impoundment of vehicle homes during the COVID-19 outbreak. Represented by the Law Center, Disability Rights California, Disability Rights Advocates, and pro bono counsel, including Fish & Richardson LLP, plaintiffs filed a request for a temporary restraining order in federal district court in San Diego on April 30, 2020.
Plaintiffs’ ability to self-isolate depends on keeping their vehicles—the only shelter they have. Yet, the City routinely cites unhoused people and threatens their arrest for vehicle habitation, even during the COVID-19 outbreak; the City has also impounded vehicle homes despite the local shelter-in-place order. Plaintiffs argued that the City’s actions increase their risk of being exposed to the coronavirus, and will further the spread of COVID-19, much like what happened during the City’s Hepatitis A outbreak in 2017.
As a result of plaintiffs’ advocacy leading up to the filing of the motion, the City reduced enforcement, suspended towing and impoundment of certain vehicle homes, re-opened public restrooms and a black water dumping station, and enhanced services at the City’s “safe lots” where people can now park and access hand-washing stations, toilets, and meals during the pandemic. Citing these changes, Judge Battaglia of the U.S. District Court for the Southern District of California denied the emergency motion on May 14, 2020. While plaintiffs sought additional changes, the city’s steps mark an improvement, and the case continues.
The case, Bloom v. City of San Diego, was filed in 2017 and litigation is ongoing. Read our full statement here.
Protecting the Rights of All Students During the Pandemic
The Law Center is joining with the NAACP Legal Defense Fund (LDF) and other advocates to urge school districts, policymakers, and education leaders to protect the rights of all students during the pandemic.
Ensuring educational equity for all students, regardless of housing status, disability, English language proficiency, race, or socioeconomic status, is always critical. This is especially so now when school closures and other impacts of the pandemic pose additional challenges. In a joint statement led by LDF, we offer examples of promising practices in school districts across the country that ensure equal access in education through distance learning, including bridging the digital divide for students who do not have access to the devices or internet connection needed for remote learning; delivery of school meals while maintaining safety protocols, especially for those who lack means of transportation; instruction for students with disabilities and those experiencing homelessness who may need more assistance accessing educational materials; and actively combatting discrimination on the basis of race, national origin, and English proficiency.
We also collaborated with the Education Civil Rights Alliance to call on state and district education leaders to protect the legal rights of poor and marginalized students during the pandemic. ECRA’s statement, which we support, focuses on protecting rights including, state constitutional guarantees of education services, equal education for students with disabilities under the IDEA, protections for students experiencing homelessness under the McKinney-Vento Act, and equal protection from discrimination on the basis of sexual orientation and English language proficiency.
|