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Monitoring Property & the Built Environment

Where Do We Go Berkeley v. California Department of Transportation (CALTRANS)

Overview

Where Do We Go Berkeley v. California Department of Transportation (CALTRANS) (U.S. District Court, N.D. Cal., Sept. 27, 2021): Plaintiffs, 11 people experiencing homelessness and an advocacy group protecting the interests of those experiencing homelessness, argued that the Caltrans organization violated their due process rights, the Americans with Disabilities Act (ADA), and the Rehabilitation Act by trying to evict them from their current outdoor encampments to carry out a construction project. Defendants suggested the plaintiffs move to an indoor facility, but plaintiffs argued that many persons living in the encampment experience mental disabilities such that living in an indoor facility would be extremely difficult. The California district court found that the ADA provided plaintiffs with the right to reasonable accommodation, and that defendants could relocate plaintiffs from specific encampments outdoors, but only as far as necessary for construction purposes. Read the full decision here.

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