Berkeley Occupation Update

XII. Settlement and ADR
The parties have scheduled a further settlement conference with Magistrate Judge Ryu
for May 7, 2018.
XIII. Narrowing of Issues
The parties will endeavor to narrow issues as demonstrated to be appropriate through
XIV. Trial
Trial is set for May 20, 2019.

Amended Complaint, filed 3-30-18…/04/Amended-Complaint-3-30-18.pdf

… The land that the FTCftH encampment currently occupies is
City of Berkeley land, and plaintiffs live in constant fear of eviction…

… The City often cites complaints by neighbors as justification for
moving a particular camping person or encampment. However, homeless
residents are not given a copy of the complaint or provided an opportunity
to defend themselves against the accusation of offending conduct or fix the
offending conduct…

…During the winter 2016 evictions, some FTCftH residents and allies were
arrested. One former resident, Mike Zint, was arrested on November 17, 2016, for not
packing his belongings fast enough. He has chronic obstructive pulmonary
disease, a chronic inflammation of the lungs, and emphysema and suffered a
respiratory attack at 5 a.m. when he was awoken by the police. He was given 10 minutes
to pack his belongings, and when he demanded more time because of his respiratory
attack, he was arrested…

… There is a substantial risk of irreparable harm including risk of injury,
illness, and permanent loss of property whenever homeless people are evicted. It
is clear that the City of Berkeley intends to continue evictions under threat
of arrest…

–Mike Zint

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