City Attorney’s statement on appealing federal court injunction involving homeless encampments

The City of Sacramento on Aug. 21, 2023, filed a notice of appeal with the United States Court of Appeals for the Ninth Circuit.

The appeal is in regards to a district court’s Aug. 16, 2023, order issuing a preliminary injunction against the City that temporarily bars the City from enforcing some of its laws and ordinances involving homeless encampments.

After the filing, City Attorney Susana Alcala Wood issued the following statement:

“For a second time, the City of Sacramento finds itself subjected to a court-ordered injunction that limits its ability to perform vital services related to public health and safety, such as protecting parts of its critical infrastructure that serve all Sacramentans.

“This order is overly broad and employs generalizations that simply do not hold up to scrutiny or common sense. For example, in the reasoning of the injunction, every hot day in Sacramento is equally hot from dawn to nightfall; cooler mornings and evenings do not exist. The City also disputes that enforcing its laws and ordinances automatically exposes people to dangerous heat.

“The City has a responsibility to all its residents, including those experiencing homelessness, to maintain safe and sanitary conditions in public places. This responsibility does not disappear during certain months, and the City should not be restricted from fulfilling its obligations every summer. Due to the flawed reasoning of the order and the worrisome precedent it sets, the City has no choice but to file an appeal with the U.S. Court of Appeals for the Ninth Circuit. We look forward to advancing our arguments in the appellate court as we work to maintain a healthy and safe city for all.”

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