Allen v. City of Sacramento
Annotate this CasePlaintiffs challenged a City of Sacramento ordinance. Among other things, they argued the ordinance was unconstitutional both on its face and as applied to them. A private property owner agreed that plaintiffs, 22 homeless individuals and two people providing services to the homeless, could camp on his lot in a light industrial area of the City. City police informed plaintiffs that their camping violated a City ordinance prohibiting extended camping on public or private property without a permit. When plaintiffs continued to camp on the lot, the police gave them citations on two occasions and removed their camping gear. Plaintiffs brought in other camping gear each time and continued their camping activities. The police ultimately arrested them. Plaintiffs sued the City, claiming the camping ordinance was unconstitutional and the City enforces the ordinance in a discriminatory manner. The trial court sustained the City’s demurrer with leave to amend. Rather than amend the complaint, the parties agreed judgment could be entered against plaintiffs and plaintiffs could appeal. Upon review of the matter, the Court of Appeal reversed a portion of the trial court’s order sustaining the City’s demurrer. Although plaintiffs failed to meet their appellate burden on most of their claims, they stated a cause of action for declaratory relief asserting an as-applied challenge based on equal protection.
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