Why is Sacramento Trying to Ban 7 Men From Entering 1 Neighborhood?

Homeless advocates are raising concerns over the public nuisance lawsuit filed against seven people by the city of Sacramento earlier this month.

While KQED could not independently confirm if all the men named in the action are homeless, according to a sworn declaration from Sacramento Police Sergeant Greg Galliano all the "named defendants are homeless or do not live in the Broadway Corridor," a prominent business district in the city.

According to the suit, the men are accused of crimes ranging from public lewdness to drug use to robbery to assault along the city's Broadway Corridor. The injunction would, among other things, prevent the men from being within the "designated area" at any time.

"This isn't really a solution. It's an expression of frustration, but it's not going to lead to any resolution or better outcomes for the community," said Natasha Minsker, a former ACLU lawyer and a volunteer at the Loaves and Fishes legal clinic in Sacramento. "We shouldn't be in the business of banishing the neediest members of our community."

Sacramento County also came under fire from homeless advocacy groups earlier this year for ticketing homeless residents living along the American River Parkway.

This legal action comes as the state's new homeless commission — headed by Sacramento Mayor Darrell Steinberg — is set to hold its first meeting on Sept. 6.

But according to Steinberg, who has a history of championing causes related to homelessness — including the 2004 Mental Health Services Act — the lawsuit isn't criminalizing people for being homeless.

"Homelessness is not a crime, period, " Steinberg emphasized. But he said, "there is a distinction, I think, and a clear line between criminalizing homelessness — which is always inappropriate and wrong — and saying that people do not have the right to engage in anti-social and illegal behavior on a consistent basis and then just be able to go on without any type of sanction."

However, advocates say even if legal recourse is an option to address that behavior it should be a last resort.

"We will not succeed at addressing problematic behavior by throwing lawyers and police at the situation," said Minsker. "If we have people engaging in behavior that's disruptive to the community, we recognize that there needs to be attention to that. And instead of paying for more lawyers and more police, we could be investing in social workers and treatment programs, rather than trying to banish them from one area of the city in particular."

In a statement, Sacramento City Attorney Susana Alcala Wood said the city will seek "injunctive relief" whenever criminal activity in an area becomes excessive and other enforcement has not been successful. "It’s not appropriate in every case, but it is in some. In this case, the residents and businesses along the Broadway Corridor have been subjected to ongoing criminal activity from a relatively small group of people. The suit looks to address that issue head-on and protect the safety of everyone who lives in or visits the area."

Alcala Wood also said the city would only file this type of lawsuit with the support of the neighborhood.

As for whether or not the defendants named in the suit were put in contact with social workers or treatment programs? Steinberg said he's looking into it.

"Our first obligation is to help people, including the people named in the lawsuit. And we should be assertive about it. At the same time, there should be standards of behavior and conduct on our streets and in our neighborhoods," he said.

Read the full lawsuit: