The pre-trial ruling in a woman's case was issued days before San Diego enacted a new law cracking down further on encampments.
A San Diego Superior Court judge has ruled that the city’s use of an encroachment law to charge homeless people living in sidewalk encampments does not violate the constitution, a ruling that allows a criminal case against an unsheltered woman to move forward.
“While Defendant is a member of the public, she cannot commandeer specific public real estate and deem it solely hers to do with as she pleases,” Campos wrote. “That is in essence the claim Defendant cloaks in her theories of her ‘right to rest,’ or ‘right to store property due to homelessness.’ These are presently not acknowledged or enumerated rights in American jurisprudence, or California jurisprudence, applicable to this court’s analysis.
Previous court rulings have said that people cannot be arrested for sleeping in public if a municipality does not have any shelter beds available, Campos said, but Infante’s case is different.
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