Judge extends temporary restraining order, will rule on preliminary injunction next week – Chico Enterprise-Record
SACRAMENTO – The Warren v. Chico continued on Friday morning in U.S. District Court for the Eastern District of California, with Judge Morrison England Jr. ultimately deciding to extend the temporary restraining order until next week, when the judge delivers. a decision on the plaintiffs’ request for a preliminary injunction.
The eight plaintiffs, represented by Northern California Legal Services, are seeking a stop to the anti-camping orders which their statements to the court say violate the Martin v. city of Boise who determined that anti-camping cannot be applied if the city does not provide enough shelter beds.
The city of Chico responded by opening the site currently near Chico Municipal Airport, also indicating available beds at Torres Shelter and Jesus Center, as proof that minimum requirements are met. Lead counsel for the plaintiffs, Sarah Steinheimer, claimed that the airport site did not meet these requirements, citing on-site facilities, accessibility of the site with bus services operating at set times and the Nearest grocery store nearly four miles away, among other grievances.
England began the hearing by saying that whatever happens on Friday will not be the final decision in the case. And at the end of the hearing, England said it would rule on the preliminary injunction by “the middle of next week.”
Steinheimer referred to the temporary restraining order that was due to expire at the end of Friday and asked that it be extended until the court issues a ruling on the preliminary injunction. Chico City District Attorney Vince Ewing responded that the defense wanted it to expire without renewal.
England then said it would extend the temporary ban order.
“Otherwise, I will issue the preliminary injunction now,” England said.
England also noted that he had spoken ahead of the hearing to magistrate Kendall J. Newman, who said he was ready to work with plaintiffs and defendants to reach a final agreement. England recommended that both sides work with Newman and they agreed to these terms.