ACLU files lawsuit against City of Boston citing cruel, unusual punishment in Mass and Cass sweep

The ACLU has brought a lawsuit against city officials on behalf of three homeless people previously living on the streets of Mass and Cass, calling their recent sweep of the area “fundamentally unlawful.”

“This plan is harmful and unconstitutional because it forces people to disperse with no safe place to sleep, while disconnecting them from the medical care they are able to receive at Mass. and Cass. Indeed, it’s inconsistent with City assurances, public safety and the law,” American Civil Liberties Union Massachusetts chapter executive director Carol Rose said, in a statement.

Acting Mayor Kim Janey is named in the class action complaint, as are Boston Police acting commissioner Gregory Long and Boston Public Health Commission Executive Director Bisola Ojikutu.

Officials began clearing out encampments around Massachusetts Avenue and Melnea Cass Boulevard last week, where scores of homeless and drug-addicted people and been living in tents.

According to the complaint filed by the ACLU, that cleanup forced about 350 people out of their temporary shelters “without any meaningful or individualized process to ensure” that they “have access to available housing arrangements or shelter that can reasonably accommodate their needs.”

The Herald was on the scene during the first days of the sweep and observed outreach workers and health commission employees assisting people living on the street with collecting their belongings into plastic bins. They also engaged in conversations about where their belongings would go, but some individuals said they were taken by surprise by the short notice to move and said they felt their options were limited.

The lawsuit against the city alleges the plan violated the homeless individuals’ constitutional rights, citing cruel and unusual punishment as well as unreasonable search and seizure that resulted in the damage and loss of the homeless individuals’ property.

“For example, any personal property that did not fit into a small City-provided plastic bin was thrown into a City trash truck. In addition, even though the removal occurred in the rain, on information and belief, City representatives refused to permit storage of any personal possessions that were wet,” the complaint alleges.

Law firm WilmerHale joined the ACLU in the filing and asks the city not only to allow homeless people to return to the area, but to also award monetary compensation to the three individuals named for “intentional destruction of their personal property.”

Acting Mayor Kim Janey told reporters she would not respond to specific litigation when pressed about the complaint Friday.

“Our approach has been a public health approach where we first provide notice, we certainly provide storage and we’re working hard to identify beds, and we’re not asking anyone to remove  their property, their belongings, or to leave off the streets without first identifying a place for them to go that is appropriate,” she said.

 

 

from Boston Herald https://ift.tt/3BR9fIT