ACLU sues Laguna Beach

Calling Laguna Beach worthy of “the Scrooge award” and alleging that the city “has declared war on the homeless,” the ACLU of Southern California has launched what representatives say is a historic legal challenge to city enforcement of anti-sleeping laws and other measures against homeless disabled people.

The ACLU — joined by Constitutional scholar Erwin Chemerinsky of the new UCI School of Law — filed the lawsuit Tuesday morning in U.S. District Court in Santa Ana on behalf of five homeless disabled people who allege mistreatment from Laguna Beach police: Mark Sipprelle, Helen Ayres, Felipe Ruiz, Robert Carmichael and Paul Ishak — all of whom are identified as disabled homeless residents of Laguna Beach.

“This is the first lawsuit of its kind in the U.S. and seeks to enjoin the criminalization of homelessness against the mentally ill and physically disabled homeless,” said Mark Rosenbaum, legal director of the ACLU of Southern California, during a Tuesday morning news conference.

The Newport Beach law firm of Irell & Manella, whose partners say they have been working with Laguna Beach for a year looking to resolve homeless issues, are also involved in the lawsuit, which seeks no monetary damages for the homeless people, but does seek attorneys’ fees and costs.

Rosenbaum attended the Laguna Beach community’s holiday breakfast for the homeless Dec. 20, where he met many homeless people and those trying to help them, he said.

“The city leaders don’t represent the will of those at the breakfast,” Rosenbaum said.

The city’s ordinance — which prohibits sleeping on public property at any time, except for the city’s beaches, where it is legal to sleep between 7 a.m. and 7 p.m. — is unconstitutional, and the lawsuit seeks a federal order striking it down, Rosenbaum said.

“The city arrests, searches, interrogates and prosecutes people for sleeping in public places,” Rosenbaum said. “In Laguna Beach, there are more art galleries than shelter beds.”

The plaintiffs allege that city officials also violate the Americans with Disabilities Act in enforcing the anti-sleeping ordinance.

The lawsuit also alleges that Laguna Beach police violate Constitutional provisions against improper searches and seizures; have “thwarted” attempts by advocates to assist homeless people; and denied permits for a proposed homeless service center that would have provided emergency beds.

City officials say they have gone to great lengths to provide assistance and have stopped citing people for sleeping on public property, Assistant City Manager John Pietig said. “The city has done a lot for the homeless,” he said.

Considering its means the city has not done enough, according to Rosenbaum.

“In our nation, it is not a crime to be poor or homeless and mentally or physically disabled, but in Laguna Beach, one of the most affluent cities in the United States, where median home prices exceed $1.5 million, there are no shelter beds for the mentally and physically disabled homeless,” Rosenbaum said.

Rosenbaum pointed to the findings of the city’s Homeless Task Force, which determined that most of the city’s 45 to 55 homeless are chronically homeless due to mental or physical disabilities — evidence he claims that city officials know the nature of the issue but refuse to address.

The plaintiffs accuse the city of using a “law enforcement” approach rather than a social services approach, in an effort to drive homeless people out of the city.

CINDY FRAZIER may be contacted at (949) 494-2087 or [email protected].