Berkeley Homeless Encampment Sues BART Over Eviction Plans

BERKELEY (KPIX 5) — For weeks, BART has been planning to evict a homeless camp close to the Ashby BART station. However, the individuals who stay there say they’re not going anyplace, and now they’re suing.

“The reality is that we’re a mannequin camp,” stated Jay Demello, who lives within the Right here/There encampment in Berkeley with about 25 others, proper underneath the Ashby BART station.

“We’re simply making an attempt to maintain ourselves and the general public sees us as simply an eyesore,” Demello stated.

BART is planning to take down the encampment, however the individuals who stay there filed a lawsuit in federal courtroom, accusing the town of Berkeley in addition to BART of violating their constitutional rights.

Demello stated, “They carry in a truck they usually simply seize tents and throw them on the truck and dispose of individuals’s treatment, private property, laptops, computer systems, you already know, the whole lot.”

The decide issued a 7-day injunction, placing BART’s plans of clearing out the encampment, on maintain.

In a press release, BART says a neighborhood affiliation, in addition to a Montesorri Faculty, requested the company to clear up the property.  The transit company accuses the campers of trespassing.

BART goes on to say that as a result of there’s no shelter right here, no operating water or electrical energy, that that presents some well being considerations. Additionally safety and security.

BART says they’re trespassing, that they only can’t be on BART land.

“BART is a public property,” Demello stated. “All of the tracks listed here are public property.”

Jim Blair can also be homeless and stated, “If the cities would get collectively and construct shelters for homeless individuals, then we wouldn’t trespass. It’s not my option to trespass. It’s my circumstance.”

The federal decide may have one other listening to concerning the Right here/There encampment Tuesday morning.

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