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Winery, brewery, bagel shop team up to call out Berkeley's permissiveness of homeless encampments

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Winery, brewery, bagel shop team up to call out Berkeley's permissiveness of homeless encampments

Several businesses in Berkeley, California, including a winery and a brewery, are suing the City of Berkeley for its failure to remove homeless encampments near them, which has hurt their profits.

The lawsuit was filed in Alameda County this week by eight businesses, including Covenant Winery, Emily Winston of Boichik Bagels and Fieldwork Brewing against the City of Berkeley.

The plaintiffs allege the case is about the City of Berkeley being required to follow the same nuisance laws private landowners must follow, while also owing an obligation to its citizens to maintain its streets and other public rights of way free from obstructions.

Over the past few years, the businesses claim, the city has allowed homeless encampments to remain on Harrison Street between Fifth, Sixth, Seventh, Eighth and Ninth Streets; along Codornices Creek; and in the Lower Dwight neighborhood.

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The City of Berkeley, California, is being sued by several businesses for failing to remove homeless encampments. (Superior Court of the State Of California County of Alameda)

The plaintiffs say in the lawsuit they believe the city allowed the encampments when the U.S. Court of Appeals for the Ninth Circuit “erroneously” ruled in two cases, saying a city may not criminalize public camping if there is no alternative space available for the campers to relocate.

While the decisions did not allow or require the city to permit encampments in a way in which it created a public nuisance, the city permitted and invited encampments in Harrison and Lower Dwight, knowing they would be a public nuisance, the plaintiffs allege.

The city also allowed encampments to remain in place despite shelter space being available.

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But in 2024, the U.S. Supreme Court reversed the Ninth Circuit’s decisions and said municipalities are permitted to remove public encampments whether sufficient alternative space is available or not.

The businesses said in the lawsuit they believe the city refuses to act, in part, because it fears litigation by advocates of those living in RVs and those who are homeless.

By filing the lawsuit, the businesses are asking the court to step in and require the city to follow the law and remove the encampments so the neighborhoods will be free of public and private nuisance conditions.

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The City of Berkeley, California, is being sued by several businesses for failing to remove homeless encampments. (Superior Court of the State Of California County of Alameda)

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Fox News Digital has reached out to the city manager and some of the businesses who filed the lawsuit for comment.

The businesses are represented by Gavrilov & Brooks of Sacramento and Arizona-based Tully Bailey LLP. The latter won a case in 2023 that required the city of Phoenix to clear a homeless camp within the city limits.

Ilan Wurman, an attorney from Tully Bailey LLP who is on the Berkeley case, told Fox News Digital the Supreme Court’s decision earlier this year that held cities have the authority to remove homeless encampments, does not compel them to do so.

“It has become clear that Berkeley, even though it has shelter to offer, and its offers are routinely refused, does not plan to do anything about the encampments,” Wurman said. “Only a public nuisance lawsuit can force the city to do the right thing and clean up the city. This legal theory was deployed successfully in Phoenix, and we are optimistic it will work in Berkeley, too.”

FOX 2 in San Francisco spoke with Winston, who said she has tried to work with the city over the years to control the encampment near her business.

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“It’s tough. It’s filthy. There’s trash everywhere. The street is frightening to drive down for customers. It’s not safe for our customers or our staff,” Winston said.

She also told the station she wants the unhoused residents to receive shelter and treatment they need but also called the city out for failing to improve conditions, forcing her to pursue legal action.

HOMELESS PERSON ALLEGEDLY ABDUCTS 4-YEAR-OLD AT CALIFORNIA RESTAURANT AMID UPTICK OF CRIME

Gov. Gavin Newsom along with a Caltrans cleanup crew at an encampment site near Paxton Street and Remick Avenue in Los Angeles as the state’s Clean California initiative continues Aug. 8, 2024, in Los Angeles. (Jason Armond/Los Angeles Times via Getty Images)

“I was not eager to do this. This was certainly not my idea of a good time. I wish the city would just have cleaned it up anyway,” she said.

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Homeless encampments are a growing problem across California.

Gov. Gavin Newsom took to the streets of California in August to clean up trash left behind by homeless encampments, threatening municipalities that if they do not clean up encampments, they will lose state funding next year.

“I want to see results,” Newsom said at the time. “I don’t want to read about them. I don’t want to see the data. I want to see it.”

Homelessness has skyrocketed in the Golden State under Newsom’s leadership. According to the 2024 point-in-time count, which provides a snapshot of homelessness on a given night, the number of homeless individuals in California increased to approximately 172,000. This represented an increase from the estimated 131,000 homeless individuals counted in 2018, the year Newsom took office.

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The City of Berkeley, California, is being sued by several businesses for failing to remove homeless encampments. (Superior Court of the State Of California County of Alameda)

Earlier this year, Newsom’s administration blamed counties and cities after a state audit report found his own homelessness task force failed to track how billions of dollars have been spent trying to tackle the crisis in the last five years. 

At the time, a senior spokesperson for the California Interagency Council on Homelessness (CICH), which coordinates homeless programs across the state, told Fox News Digital the audit’s findings “highlight the significant progress made in recent years to address homelessness at the state level, including the completion of a statewide assessment of homelessness programs.”

Over the past five years, the CICH didn’t consistently track whether the money actually improved the situation, the audit concluded.

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The spokesperson added local governments “are primarily responsible for implementing these programs and collecting data on outcomes that the state can use to evaluate program effectiveness.”

Since 2016, California has spent over $25 billion on homelessness. This includes state, local and federal funding allocated toward boosting the state’s “housing first” ideology through various programs, which prioritize placing people in housing first before addressing mental illness or substance abuse problems.

Fox News’ Jamie Joseph contributed to this report.

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Skier’s prank backfires, leaving her dangling 65 feet in the air as twin desperately holds on

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Skier’s prank backfires, leaving her dangling 65 feet in the air as twin desperately holds on

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A skier was left dangling 65 feet in the air after a prank on a chairlift went terribly wrong.

The incident happened Feb. 24 at Big Bear Lake in California, where Roula De Miranda-Arce, 21, was riding the lift with her twin sister and a friend, news agency SWNS reported.

Big Bear Mountain Resort confirmed the incident in a statement shared with Fox News Digital.

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“At approximately 2:45 p.m. on Tuesday, Feb. 24, a 21-year-old female skier safely loaded onto Chair 9 at Bear Mountain. At some point during her ride to the top, she failed to maintain proper safety protocols and became suspended from the carrier,” the resort said in its statement.

The organization added, “The guest and her sister, who was riding the carrier with her, admitted to horseplay as the reason for her becoming suspended. As soon as staff became aware of the situation, they took quick action to stop the carrier and unload everyone as soon as it reached the upper terminal.”

A 21-year-old skier was left suspended 65 feet in the air after a chairlift prank went wrong at Big Bear Lake, California, last week. (SWNS)

Officials said the skier was evaluated by ski patrol as a precaution and did not sustain significant injuries.

NEARLY 70 SKIERS STRANDED IN MIDAIR FOR HOURS AFTER GONDOLA MALFUNCTIONS AT POPULAR RESORT

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In an attempt to jokingly scare her sister, De Miranda-Arce slid down from the moving chair, planning to hang briefly before pulling herself back up, SWNS reported.

The weight of her skis, however, made it impossible for her to lift herself back onto the seat — leaving her suspended as the chair continued uphill.

Video shows the young woman hanging in midair while her sister and friend cling tightly to her arms, preventing her from falling.

“I thought I was going to die or become a paraplegic,” she said.

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Footage captures the prank gone terribly wrong in the air.  (SWNS)

The young woman said she began screaming as the strain on her arms intensified.

“I was screaming at one point, ‘Just let me go,’ because it felt like my arms were going to break,” she said. 

“And thank God my sister and my friend did not listen to me.”

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The pair managed to hold her for roughly two minutes until the chairlift reached the top of the slope — where ski patrol members were waiting for her.

“It’s crazy what your body does in fight or flight,” she said.

De Miranda-Arce’s sister and friend managed to hold onto her for nearly two minutes until the chairlift reached the top of the slope — where members of the ski patrol were waiting to assist. (SWNS)

The resort said the incident serves as a reminder for guests to lower the safety bar and avoid potentially dangerous behavior while riding lifts.

Fox News Digital previously reported on another alarming chairlift incident in California earlier this year.

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A 12-year-old girl was left dangling from a ski lift at Mammoth Mountain Ski Resort before falling to the ground in a frightening moment captured on video.

Footage showed ski resort staff rushing to position padding and a safety net beneath her as she struggled to hold on, though she ultimately missed most of the net during the fall.

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Her mother later said the girl “miraculously walked away with no broken bones or major injuries” — calling it a traumatic but accidental event.

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Bonny Chu of Fox News Digital contributed reporting. 

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All Aboard the 67, San Francisco’s Most Delayed Bus | KQED

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All Aboard the 67, San Francisco’s Most Delayed Bus | KQED


Muni driver Hannibal is reflected in a rearview mirror as he operates the 67 Bernal Heights bus in San Francisco on Feb. 18, 2026. The route is among those with the most persistent delays, according to Muni performance data. (Gustavo Hernandez/KQED)



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Five takeaways from Denver’s restaurant report

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Five takeaways from Denver’s restaurant report


Marlee Brown serves guests at Trybal African Speakeasy in Denver on Feb. 25, 2026. (Kevin Mohatt/Special to The Denver Post)

Denver’s restaurant scene is in crisis.

So much so that the city, VisitDenver and Austin, Texas-based restaurant financing company InKind commissioned a report to detail the industry.

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Denver’s rising tipped minimum wage, which has more than doubled since 2019 and sits at $16.27 an hour, was the biggest complaint of local restaurateurs. But the 67-page document outlined a host of other problems creating an unfavorable environment for operators in the city.

“The energy of the city used to flow through our dining rooms,” a longtime, independent full-service operator said, according to the report. “Now it feels like people go out less often, spend more cautiously, and are more likely to stay home or order in.”

The report was written by Adam Schlegel, who co-founded Snooze A.M. Eatery and Chook Charcoal Chicken, and Dana Faulk Query, the co-owner of Big Red F Restaurant Group. To compile it, they surveyed over 150 establishments, conducted interviews with operators and brokers and analyzed profit and loss statements along with publicly available datasets.

Here are five takeaways:

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Screenshot 2026 03 05 at 2.38.42 PM

Denver lost thousands of restaurant jobs between 2020 and 2025

Bureau of Labor Statistics data indicates that Denver had 6% fewer restaurant sector workers in 2025 than at the beginning of 2020. That’s largely due to a 15% decline in the full-service restaurant category, according to the report. 

Before the start of the pandemic, restaurant employment in Denver was growing at a 2.3% annual rate. If it had continued at that rate, there would be 10,000 to 15,000 more workers today than there actually are, according to the report.

Restaurants employ 7.9% of Denver’s total workers, down 8.7% from 2019, and account for 13% of the city’s tax revenue, the report said.

Screenshot 2026 03 04 at 2.53.52 PM

Restaurants would have needed 40% sales growth to offset rising expenses

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According to the report, from 2019 through 2024, hourly labor costs increased 50% to 55%, rent increased 23% and cost of goods sold rose 22%. Profits, on the other hand, declined 20%.

Sales increased by 5%, but an analysis by the report’s authors determined that number would need to be in the 36% to 40% range to offset the aforementioned hikes.

The number of guests coming through restaurant doors is also decreasing, the report said. And Denver reported the sharpest decrease of major metros in restaurant spending this past fall.

“This mismatch has left many operators with limited options beyond reducing labor hours, eliminating positions, delaying hiring, or closing altogether,” the report said.

Screenshot 2026 03 04 at 3.03.31 PM

Denver’s costs and prices are on par with New York and L.A.’s

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The report said Denver’s dining scene looks less like a middle-America growth market and more like a “high-cost coastal city” without the population size to support it. Though it acknowledged that Denver’s rising wages have closed the cost of living gap compared with before the pandemic, it’s paid the price with lost jobs and other rising costs.

According to the Washington Hospitality Association’s 2025 Cost of Dining Report, Colorado’s menu prices are 5.1% above the national average and Denver’s are about 2.7% above the average for the 20 largest U.S. cities. That puts it firmly in the high-cost tier of American dining markets.

But rather than garnering the growth and attention that “tier one” cities like New York and Los Angeles get, Denver is in the category of “high-wage, tight-labor” cities like San Francisco, Portland and Seattle.

“Establishments grew, but employment is up only modestly versus 2013 and down from 2019 in key categories, signaling staffing strain rather than robust job growth,” the report details.

Denver’s scene is lagging compared with the rest of the state

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While dining out across Colorado has taken a hit since the start of the pandemic, the report shows that the changes are most pronounced in Denver. The industry hasn’t bounced back on par with the rest of the state, the report says.

With full-service restaurants in particular, employment and the number of establishments has dropped significantly more than the category across the state. Employment across the entire sector dropped 4.3% in Denver from 2019 to 2024 while seeing a 3.3% decline everywhere else in Colorado.

“Collectively, these findings indicate that Denver’s restaurant workforce challenges are not the result of poor management or short-term disruptions, but of sustained cost pressures that increasingly limit employers’ ability to maintain staffing levels, create new jobs, and invest in long-term workforce development,” the report says.

Despite improvements, city bureaucracy still a challenge

Architects, general contractors and operators said that while each individual city department is helpful in a vacuum, the process is fragmented and disjointed. Based on interviews with restaurant owners, those delays can cost up to $70,000 a month between operating expenses and lost revenue, the report said.

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That’s despite improvements made to the permitting process by Mayor Mike Johnston, including the launch of Denver’s Permitting Office in May and programs like around downtown express permitting.



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