West
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.
NEWSOM CLEANS UP HOMELESS CALIFORNIA ENCAMPMENTS AFTER HE ALLOCATED BILLIONS OF DOLLARS WHILE CRISIS GREW
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.
GOV NEWSOM ORDERS HOMELESS ENCAMPMENTS TORN DOWN ACROSS CALIFORNIA: ‘NO MORE EXCUSES’
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.
MASSIVE CALIFORNIA RESIDENTIAL TOWER TO OFFER HOMELESS PRIVATE ROOMS, GYM, CAFE AND MORE AMENITIES
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)
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.
“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.
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.
OAKLAND HOMELESS WOMAN STEALS CITY COUNCIL CANDIDATE’S FUNDRAISING MONEY: ‘I WAS LEFT TO FEND FOR MYSELF’
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.
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.
Read the full article from Here
Cross that big street
Major arteries like Market Street and Van Ness constitute mental borders for many drivers. If your destination is near a popular street, aim for the other side of it, where there’ll typically be more vacancies.
Stray uphill
Hills, too, create mental obstacles for people looking for parking. If you’re willing to walk up one of San Francisco’s many hills either before or after the show, you’ll find more spots.
Always check signs
Pay attention to posted time restrictions to avoid tickets. Some meters in San Francisco mercilessly run until 10pm. Also, street cleaning hours can start at 12am, before some shows get out.
Know when you’re beaten
Some neighborhoods are hopeless. North Beach, Nob Hill, Divisadero — forget about it. The sooner you accept this, the more inner peace you will find.
Trust your gut
I acknowledge that I am a 6’1” man, and not everyone feels as comfortable as I do walking alone at night. If you’re not a local, and you’re feeling unsure, read up on the neighborhood beforehand.
Realize the ‘right’ way can be painful too
If you’re tempted to suck it up and pay for a parking lot or garage, remember: after the show, you may be stuck for a long time in a parking-lot traffic jam as cars try to get out all at once.
Okay! On with my list, with suggested free parking areas marked red.
Where to find parking for Davies Symphony Hall, War Memorial Opera House, Herbst Theater or Bill Graham Civic Auditorium
East side of Gough Street, between Golden Gate and McAllister
Pro tip: Park on the left side of the street. Quick eats to go are almost nonexistent in the area, so pick up any pre-show provisions you may need at the Super Sam corner store.
Where to find parking for SFJAZZ, Rickshaw Stop or Mr. Tipple’s Jazz Club
North side of Oak Street between Buchanan and Octavia
Pro tip: The right lanes are almost always congested due to the upcoming freeway onramp. Watch for cars speeding down the hill behind you in the left lanes, and nose in rather than backing into the spot, if possible.
Where to find parking for the Castro Theater
Castro Street, between 14th and 16th
Pro tip: Separated from the Castro by Market Street, and up the hill a little, most people don’t think of parking here. I found a cool old metal dustpan on the street here once. Still use it.
Where to find parking for the Chapel
South Van Ness Avenue between 17th and 21st
Pro tip: Parking in the Mission District can be maddening; find solace on either the east or west side of the main artery on the edge of the neighborhood. Say hi to Whiz Burger for me.
Where to find parking for the Great American Music Hall
Franklin Street between Ellis and Geary
Pro tip: I’ve also found Geary Boulevard, between Van Ness and Franklin, to usually have open spots. (Plus, you’re right next to Tommy’s Joynt for post-show eats.)
Where to find parking for the Regency Ballroom
Franklin Street between Post and Bush
Pro tip: Separated from the venue by Van Ness, and up the hill a little, most people don’t think of parking here. Aim for the left side of this one-way thoroughfare, where parking is usually more open. Pour one out for the closed Walgreens.
Where to find parking for Mabuhay Gardens or On Broadway
Leavenworth Street between Francisco and Chestnut
Pro tip: Trying to find parking in North Beach is like repeatedly hitting yourself in the face with a hammer for a half hour. I park an entire mile away, and enjoy the walk along Columbus, which is teeming with action on weekends.
Where to find parking for the Midway
Illinois Street between 23rd and 25th
Pro tip: Do not be seduced by the road leading toward Pier 80; it looks wide open, but is full of private parking, and Pier 80 itself will be closed off.
Where to find parking for Chase Center
16th Street between Carolina and Connecticut
Pro tip: For concert parking, the Chase Center garage currently charges $75. Ahem. I think you’ll agree that a nice 10-minute stroll down 16th Street is a better alternative.
Where to find parking for the Bottom of the Hill
16th Street between Carolina and Connecticut
Pro tip: Parking’s not nearly as plentiful as it used to be here; be aware of the new-ish protected bike lanes on 17th and the many time restrictions. (Also, bring presents for the excellent staff at one of the city’s best clubs before it closes at the end of the year.)
Where to find parking for the Fillmore
Geary Boulevard between Divisadero and Scott
Pro tip: I agonized for years driving in circles on neighborhood streets until finding this wonderful stretch of Geary, down the road and on a slight curve, where no one thinks to park.
Where to find parking for the Warfield
Folsom Street between 7th and 6th
Pro tip: This one’s tough, being close to both Union Square and the Tenderloin. I shoot for the less-populated area south of Market and walk up 6th Street, home of harm-reduction services, pizza-by-the-slice joints, SROs and Tú Lan.
Where to find parking for the Brick and Mortar Music Hall or Public Works
Gough Street between Market and McCoppin
Pro tip: This is on an odd little diagonal block that’s off of most people’s radar, on the other side of a freeway overpass. It’s never let me down.
Where to find parking for Oracle Park
Harrison Street between 3rd and 4th
Pro tip: Optimal ballpark spots used to change each year. In a coincidence that I won’t overanalyze, I’ve had luck parking on this block ever since Buster Posey left the Giants in 2021.
Where to find parking for the Masonic
Van Ness Avenue or Franklin Street between Sacramento and Pine
Pro tip: Sorry, man. You will not find parking on Nob Hill. You can try driving up California while looking for a spot, but likely, you’ll have to head back and make the five-block walk.
Where to find parking for August Hall
Mission or Howard Streets, between 5th and 6th
Pro tip: The “park up the hill” trick doesn’t work here, since the nearby hill is Nob Hill. If you strike out on Mission or Howard, Folsom is often open.
Where to find parking for the DNA Lounge
Treat Street between Florida and Alameda
Pro tip: Luckily the DNA is surrounded by a pretzel of strange, short, wiggly streets, good for finding parking; head south of the freeway overpass to this hidden curve. (It’s where I parked when I saw Prince at the tiny club in 2013; yes of course I am bragging.)
Where to find parking for Golden Gate Park, Outside Lands or Hardly Strictly
Clement Street between 34th and 38th
Pro tip: The best way to get to these festivals is to throw a bike in the trunk, park near Ocean Beach, and ride in past the bison to the free bicycle parking area. Barring that, your other best bet is to park up the (very) steep hill, near the VA hospital.
Where to find parking for the Cow Palace
Geneva Avenue between Stoneridge and Carter
Pro tip: I don’t really have a pro tip for this one. I just want to say that there should be more concerts at the Cow Palace, which is cool as hell.
Where to find parking for Stern Grove
Portola Drive between San Fernando and Santa Clara
Pro tip: Park across the major artery of 19th, and up the hill a little bit. And, since Stern Grove concerts always take place on Sundays, there are no two-hour parking restrictions to contend with.
Where to find parking for the Independent
Divisadero Street between O’Farrell and Turk
Pro tip: You’ll have to go back in time to when you could park at the DMV lot, because this neighborhood is impossible now. I go down the hill a ways, and usually find a spot north of Primo Pizza.
Where to find parking for the Black Cat
East side of Van Ness Avenue, between Turk and Ellis
Pro tip: Aim for Van Ness, the west boundary of the Tenderloin. For a major thoroughfare, Van Ness often surprises me with open spots, especially on the east side heading north.
Where to find parking for Cafe du Nord or Swedish American Hall
16th Street between Guerrero and Sanchez
Pro tip: Once the daycare that’s just east of Dolores on 16th closes for the day, the white curb — which tends to scare off many drivers — is free for you to park at. Bonus points for the view of the Mission Dolores basilica, just a beautiful building.
The SF venues you don’t need my help parking at
King County Metro will run two free shuttles in downtown Seattle this summer. The Waterfront Shuttle will operate everyday between May 21 and September 7. Buses will arrive every 15 minutes from 10am to 10pm.
This route travels between the Chinatown/ International District and Seattle Center, via Pioneer Square, the waterfront (Alaskan Way), and Belltown.
On days with a FIFA World Cup match, Metro will also run a Match Day Shuttle. The Match Day shuttle will run every 3-7 minutes on the dates listed below. This route runs between Seattle Stadium (Lumen Field) and Seattle Center, via 3rd Ave.
The Match Day shuttle operates on: Both shuttle routes are free and will use ADA accessible buses. Everyone is welcome onboard, not just those attending the World Cup matches.
This is an open thread.
-
Movie Reviews9 minutes agoReview: 'Obsession' Ain't Half the Horror Movie It Thinks It Is
-
News27 minutes agoExplosion at Lumber Mill in Searsmont, Maine, Draws Large Emergency Response
-
Politics33 minutes agoJustice Dept. Aims to Use Terrorism Laws to Target Mexican Officials
-
Business39 minutes agoSome Medicare Patients Can Now Get Free CBD
-
Science45 minutes agoArchaeologists Find Egyptian Mummy Buried With the ‘Iliad’
-
Culture1 hour agoSpeculative Fiction Books Full of Real Horrors
-
Lifestyle1 hour agoEating Healthy? No, They’re Eating Biblically.
-
Education1 hour ago‘No Essay’ College Scholarships May Have Unseen Strings Attached