City moves to partially close protest encampment, citing construction project

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According to assistant city manager Peter Radu, the city does not have an exact date for the construction in Civic Center Park, but it is set to happen this calendar year.Chloe Dowling | Staff

The city of Berkeley expanded a fenced-off area at Civic Center Park, where a protest encampment has stood for more than 2 weeks, on Tuesday. The city originally sent an encampment closure notice to residents Oct. 9, citing a construction project. 

Andrea Henson, executive director and legal counsel for nonprofit organization Where Do We Go, noted that after receiving the notice from the city, new encampments were formed on Fourth Street and Bancroft Way along with Center Street and Milvia Street.The protest encampment at Civic Center Park remained despite the notice, though some people had to relocate.

“We have to provide a space for people that’s safe, and so we also established this encampment,”Henson said, referring to the encampment on Fourth Street and Bancroft Way.

Peter Radu, the assistant city manager, said that the notice was sent out to inform those living in Civic Center Park that the existing fence would be expanded. Radu noted that the notice sent out by the city had a color coded map that illustrated the boundaries of the new fence. 

Radu also said that the city does not have an exact date for the construction in Civic Center Park but it is set to happen this calendar year. 

“Whenever there’s a new encampment that comes to our attention, we will go out and we’ll assess the situation for potential impacts, including health and safety impacts, both to the residents living within the encampment, as well as to the surrounding neighborhood,” Radu said. 

Henson said when “notices of sweeps” or sweeps themselves occur, it is difficult for unhoused people to find a place to go.Henson added that when people are evicted from shelters or moved, they lose a majority of their belongings. 

Henson also said that in Berkeley, an encampment can be removed if it is deemed an “emergency” but the city has not constituted what defines that term.   

“If you were homeless, if you are unsheltered, if you can’t afford rent, your entire existence is unlawful,” Henson said. 

The protest encampment is a response to Berkeley City Council passing an item that allows the city to close an encampment without offering alternative housing if it is deemed a significant fire hazard or health risk. 

Radu said that the city follows “federal best practices” when it comes to encampment resolution, including sustained outreach, advanced notices before any action and seeking to avoid citation and arrest. 

“Sweeping the encampment implies that we just go in with law enforcement, with no regards to the people living there or any of their belongings, with no advanced outreach and notification. Some cities do that. Berkeley does not,” Radu said.

In a press release, Where Do We Go asked for “a call of collaboration” with the city and noted the Berkeley Homeless Union Agreements that address the city’s concerns and the rights of the unhoused people living in Berkeley.   

The press release also included seven demands for “justice in the ninth circuit and country,” such as a call to end encampment closures and legislation protecting those experiencing homelessness. 

Emily Hamill contributed to this report. 

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