Citing a misguided legal maneuver by city lawyers, a federal judge late Monday rejected a request by the city of San Francisco to stay a preliminary injunction blocking the city from sweeping up tent encampments in the city amid a shortage of emergency shelters. In denying the request for a stay while the injunction was appealed, U.S. Magistrate Judge Donna Ryu pointed to a legal move by the city's lawyers, who, in their haste to file an appeal, ignored their previous advice about the proper procedure for had ignored the filing of their challenge to the interim injunction.

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Ryu used the city's legal strategy to support her conclusion that the city had little chance of success in its appeal of the injunction. She also found that the city had not demonstrated that it would suffer “irreparable harm” if the injunction remained in effect.

The decision, and particularly its focus on the city's legal maneuvers, are likely to complicate the city's chances of overturning the cleaning ban in the near future. The controversy comes in a high-profile case brought against the city by the advocacy group Coalition on Homelessness and a number of individual plaintiffs, including some unsheltered people living on the city's streets.

The plaintiffs argued that the Eighth Amendment's ban on cruel and unusual punishment means the city cannot punish a person for sleeping on city streets while there is a lack of available shelter beds.

Ryu agreed and on December 23, 2022, preliminarily ordered the city to enforce or threaten to enforce a series of laws and ordinances that would “prohibit involuntarily homeless persons from sitting, lying or sleeping on public property.”

The order effectively prohibited the city from breaking up or sweeping tent camps. The judge based her decision on the fact that the city's homeless system, with more than 4,000 beds, was inadequate to house the entire unsheltered portion of the city's homeless population.

Without beds in shelters, she argued, the homeless would have no place to sleep except on city streets. This meant that clearing out encampments was essentially punishing people for their involuntary status of homelessness.

When the injunction was issued, the city responded quickly and sharply.

San Francisco Mayor London Breed said: “Mayors cannot govern cities this way. We already have too few tools to deal with the mental illnesses we see on our streets. Now we are being told not to use any other tool that will help get people indoors and keep our neighborhoods safe and clean for our residents.”

On January 3, San Francisco District Attorney David Chiu issued an unusual press release saying, “The court’s order puts San Francisco in an impossible situation, both practically and legally.”

The city's overreaction stemmed from their concern about the possible scope of Ryu's command. Tent encampments are illegal in San Francisco under city law and can be broken up, but only if the city gives advance notice and provides people with shelter.

The city feared that the order would be interpreted to prevent encampments until sufficient housing was available for every unsheltered person in the city. The city believed that it should only provide a shelter bed for people displaced during the evacuation of a camp. The difference between these interpretations was enormous.

According to the city's reading, on any given day only a few dozen empty shelter beds had to be found to accommodate the people in whatever camp was being swept. Under the other reading, thousands of beds would need to be built or purchased—enough for all the homeless—a process that would likely take years and cost hundreds of millions of dollars. Apparently seeking a quick resolution to this issue, the city's attorneys filed a so-called “administrative motion” on Jan. 3 to “clarify” the meaning of Ryu's order.

Ryu wasn't happy.

Despite the urgency of the city's request, Ryu found at a Jan. 12 hearing that the city's attorneys had improperly raised the issue and attempted to use a process to raise minor administrative matters – such as permission to increase page limits to ask for a short version – to address a clearly substantive question. At the hearing, Ryu admonished the city's lawyers (as well as the plaintiffs' lawyers who had used the same procedure in one of their motions).

She told lawyers for both sides: “You know better” and warned them “not to get off on the wrong foot.”

She further clarified that if the city wanted to raise the issue, it should follow the proper process for substantive motions. The city did not accept their offer. Instead, she appealed her injunction on January 23.

A week later, on February 2, it asked Ryu to stay her injunction while the appeal was pending. In the briefing in support of the stay, the city's attorneys made the same legal argument about the scope of the injunction that they had unsuccessfully attempted to make in their Jan. 3 motion for clarification.

This approach obviously bothered Ryu. In her decision Monday denying the suspension, she emphasized that the city had refused to do so, even though she had asked the city to adequately address the matter. In their view, this approach deprived the court of the opportunity to examine the city's argument in the context of a proper assessment of the facts.

She also found that the city had failed to meet its burden of proving that it would suffer irreparable harm if the injunction remained in effect. For example, she pointed out that the ordinance allows the city to require the relocation of an encampment for the time it takes the city to clean the area. She also said the city can continue to provide social services and housing options to encampment residents.

The finding that the city's attorneys did not follow proper procedures puts the city in a difficult position. While the city can ask the U.S. Court of Appeals for the Ninth Circuit to stay the injunction, the appeals court would not only have to take the relatively unusual step of intervening before the merits of the appeal, but also do so where necessary It is justifiable that the City did not take the appropriate steps to bring the matter before the court that issued the contested injunction.

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Unless the appeals court intervenes, the injunction will likely remain in effect pending a full trial in the case before Ryu. This trial is currently scheduled for April 3, 2024. Jen Kwart, a spokeswoman for City Attorney David Chiu, said: “We continue to believe that Judge Ryu's order places the city in an untenable situation, goes beyond legal precedent and exacerbates our homelessness crisis.”

We look forward to presenting our case to the Ninth Circuit on appeal.”

Hadley Rood, one of the plaintiffs' attorneys, said, “The injunction is narrow and only prevents the city from brutally punishing homeless people simply because they are homeless.”

Problems surrounding the city's handling of homelessness have escalated in recent months. The city's Board of Supervisors held a hearing March 21 to consider a plan drawn up by the city's Department of Homelessness and Supportive Housing to outline how to house all homeless people in the city.

The ministry rejected this, concluding that even with $1.45 billion and three years for implementation, it could not achieve the desired result due to difficulties in acquiring land in the city and building adequate capacity . The department's stated inability to provide enough housing, combined with the city attorney's difficulty obtaining a stay, appear to be the problems the mayor and board face in leading the city's recovery from the pandemic is likely to become even more severe.

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Nearly 20 San Francisco police, fire and sheriff workers face a 10-day unpaid suspension for refusing to reveal their COVID-19 vaccination status by the city’s Aug. 12 deadline.

The staff – including eight in the police force, seven in the fire department and two in the sheriff’s department – received letters from their department heads this week informing them of the possible disciplinary action, the San Francisco Chronicle reported first.

Hundreds more can be notified next week.

“The health and well-being of city workers and the public we serve is a top priority during our emergency response to COVID-19,” officials said in the letter received on the Chronicle. “Your failure to comply with vaccination status reporting endangers the health and safety of the city’s workers and the public we serve.”

San Francisco was the first major city and county in California to announce mandatory COVID-19 vaccination for its employees.

Most employees have 10 weeks to get their vaccinations after the Food and Drug Administration finally approves at least one of the vaccines, but some who work in high-risk environments need to be vaccinated even earlier, officials said.

The August 12 deadline only required employees to report whether they had received their cans.

Almost all of the city’s 36,000 workers have reported their status on time, and around 90% of them have already been vaccinated, said Mawuli Tugbenyoh, head of the ministry’s human resources department.

However, a small number did not respond. These are the ones who are now facing a suspension.

“These suspensions are being pushed as a last resort,” said Tugbenyoh. “We don’t want to be disciplined with any employee, but our number one priority is the health and safety of both the public and our workforce. Unvaccinated individuals pose a safety risk to both.”

As the city recommends the suspensions, each department will make the final call and allow most workers to appeal, he said.

Individual requests for exemption from vaccinations based on valid medical or serious religious beliefs will also be considered by the city.

San Francisco, like much of California and the country, has seen a surge in COVID-19 cases fueled by the highly communicable Delta variant.

The county is among the most heavily vaccinated in the state, with 78.2% of residents receiving at least one dose, according to The Los Angeles Times Tracker. The threat of an unpaid suspension reflects the seriousness with which officials are taking the crisis.

Still, there were setbacks.

The San Francisco Deputy Sheriffs’ Association said earlier this month that many employees would retire if forced to get the vaccine.

About 160 out of 700 deputy sheriffs are not vaccinated and “prefer to mask and test weekly,” the group said.

In June, nearly 200 city officials filed letters to Human Resources against the vaccination mandate, which they believed violated religious and constitutional rights.

And at least one city employee – fire fighter Eigil Qwist – has filed a lawsuit, the Chronicle reported.

The issue has been hotly debated, but federal and state agencies have confirmed employers may require vaccinations. Governor Gavin Newsom has already issued vaccination mandates for state and health workers, and President Joe Biden has announced that he will require vaccinations or rigorous testing for federal employees.

Los Angeles City Council this week voted to require COVID-19 vaccines for city workers and will not allow them to opt for testing instead.

Tugbenyoh said the next hurdle in San Francisco will be getting those employees who responded on time – but haven’t been vaccinated – to get their vaccinations.

© 2021 Los Angeles Times. Visit latimes.com. Distributed by Tribune Content Agency, LLC.

Copyright 2021 Tribune Content Agency.

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The most recent number of confirmed cases in the United States is the 2019 CDC’s US New Coronavirus Page. (CDC updates its website on Mondays, Wednesdays, and Fridays.)

Join Anchor Kristen Sze and join ABC7’s daily interactive newscast on the coronavirus outbreak in the Bay Area and around the world. Click here to stream the show at 3:00 p.m. Monday through Friday

This is the latest advancement in respiratory disease in the United States.

August 14, 2021

9 am
Bay Area County suspends prison visits

Direct visits to Santa Rita Prison have been suspended. The Alameda County Sheriff’s Office said this was due to an increase in coronavirus cases. Contactless expert appointments are still possible. The San Francisco County Prison has also suspended direct visits. A prison spokesman told ABC7 that the visit would resume once it was safe, but nothing was said about how quickly it could resume.

August 13, 2021

12:30 pm
Contra Costa Co. announces weekly vaccine and first aid testing requirements
Contra Costa Co. health officials have issued new health ordinances requiring first responders to have a full vaccination or weekly virus tests.

The order went into effect on September 17 and applies to police officers, firefighters and emergency medical personnel who can work or answer emergency calls in high-risk facilities such as hospitals, prisons, care facilities and collective medical facilities. Applies to the person. It also applies to rescue workers who are not responsible for emergencies and who carry out medical transports to such facilities.

10:30 am
CA supervisor discusses vaccines for children
State Overseer Tony Thurmond hosted a discussion on the importance of vaccines for children as schools across the state prepared for face-to-face learning.

7:20 a.m.
Contra Costa Health Services has a new program that pays residents $ 100 every time they convince someone to get a full vaccination to increase their immunization protection. The Helping Hands referral program is available to anyone over the age of 14. The person must not have previously been vaccinated against COVID-19. They also need to make promises using the unique websites that you offer them. A grand total of $ 100 will be paid as a check or gift card after each person providing assistance has been fully vaccinated. You must register on the county medical service website.

August 12, 2021

14 o’clock
According to the Giants, the science fiction vaccination requirement does not apply to Oracle Park.
San Francisco Giants said recent announcement by the Mayor of London Breed to provide proof of compulsory vaccination Since Oracle Park is an open-air stadium, many facilities are ineligible.

The Chase Center, home of the Golden State Warriors, announced today on Twitter that it will adhere to city guidelines. This policy requires attendees over the age of 12 to provide proof of vaccination at a venue with at least 1,000 people. The next event at the Chase Center is September 15th.

The Chase Center and Golden State Warriors will release detailed logistics information for fans to display evidence of vaccination ahead of the next event at the venue scheduled for September 15, 2021. pic.twitter.com/wbKmP6BuAb

– Chase Center (@ChaseCenter) August 12, 2021

1:00 pm
Facebook is postponing the return of employees to office until 2022
Facebook employees will not have to return to the office until January 2022, the company announced on Thursday. A company spokesperson told ABC7 that COVID-19 case data and a variant of Delta are driving an approach for employees returning to the office. Employees receive “sufficient” notifications before they return to the office.

5:35 am
Student move-in date to East Bay, California
Today is moving-in day for students in Hayward, East Bay, California. This is the first time since March 2020 that a student has lived on campus. Classes start next week.

August 11, 2021

6:00 p.m.
Berkeley calls for city workers to be vaccinated
The city of Berkeley issued an order Wednesday requiring more than 1,500 city officials to be vaccinated against COVID-19.

“Vaccines are already protecting workers, customers and visitors, and reducing the risk of outbreaks,” said Dr. Lisa Hernandez, Berkeley health officer. “The increase in vaccinations in every workplace improves our ability to stay open and healthy with our employees. Mandatory workplace vaccinations and verification of vaccination records are a best practice, I said. Is recommended. “

2:25 pm
Los Angeles City Council approved a bill mandating vaccines in public indoor spaces
On Wednesday, Los Angeles City Council passed law requiring city lawyers to draft an ordinance requiring residents to provide proof of vaccination before entering public spaces such as restaurants, gyms and stadiums. Officials said the law applies to restaurants, bars, retail stores, fitness centers and other indoor facilities.

August 11, 2021

6:05 a.m.
SF John’s Grill Demanding vaccination protection

Starting today, proof of vaccination is required to eat at John’s Grill in Union Square, San Francisco. The restaurant says all staff are already vaccinated.

August 10, 2021

22 O `clock
Auckland Unified calls for vaccine from employees
The Unified School District of Auckland has announced that starting September 7th, all employees, contractors and volunteers will need to be vaccinated or tested for coronavirus on a weekly basis. 92 percent of the employees who reported their condition have already been vaccinated, the district announced. Since August 16, the district has also been calling for outdoor masks on campus.

14 o’clock
The vaccine doses administered daily at CA continue to increase
The average number of vaccines administered daily in California has increased by about 1,500 since Monday. The data shows that California receives an average of 73,868 total doses per day. A total of 21,620,087 are fully vaccinated in the country, of which more than 3.3 million are partially vaccinated.

1:30 p.m.
San Francisco Unified School District requests vaccine from employees
All employees in the San Francisco Unified School District must be vaccinated against COVID-19. The district announced on Tuesday afternoon. The school district has about 10,000 employees, and after September 7th, all must be fully vaccinated or tested for virus weekly.

The school district will return to face-to-face teaching on August 16. There are no vaccination regulations for students, the school district said.

5 am
Further vaccination requirements in the Bay Area
There are even more vaccination requirements in the Bay Area. The town of Walnut Creek requires workers to be vaccinated or to undergo weekly tests by Monday. Those who are not vaccinated must wear a mask outdoors. Gilead, based in Foster City, requires all employees in the United States to be vaccinated. Biotechnology companies have set a deadline of October 1st.

August 9, 2021

19 o’clock
Santa Cruz Co. reports the first COVID-related death in 2 months
Health officials in the Santa Cruz district announced Monday that two residents were killed in complications from COVID-19. This is the first COVID-related death in the county in more than two months.

Two residents were unvaccinated in their 70s and infected with a hyperinfectious Delta variant of the virus. According to the county, both victims died on August 2 in a local hospital.

Since the beginning of the pandemic, the district has now confirmed 209 deaths related to COVID.

10:55 am
Pentagon calls for COVID vaccine from all troops by September 15
The Pentagon requires U.S. military personnel to receive a COVID-19 vaccine by September 15, according to the memo received by the Associated Press. If the vaccine receives final FDA approval or the infection rate continues to rise, the deadline can be postponed.

7:25 am
More warehouse workers have to wear masks
Nowadays, more warehouse workers have to wear masks. Tesla requires employees at a battery factory near Reno to cover their faces regardless of their vaccination status. The same goes for 900,000 Amazon Warehouse employees.
Both directives come into effect today. This addresses the increase in COVID and concerns about delta variants.

August 8, 2021

3:30 p.m.
Data shows that more than 21.5 million people have been vaccinated in California
A total of 21,572,282 Californians have been fully vaccinated against COVID-19, according to the latest state data. The state averaged 72,412 doses a day, an increase from about 500 yesterday. Over 3 million Californians have been partially vaccinated.

August 6, 2021

5:35 am
Public schools in Auckland will begin classroom teaching on Monday
Auckland public schools start face-to-face classes on Mondays and do not require any vaccination from teachers or staff. The district says it will take its clues from the counties and states. Alameda County supports vaccine selection. However, Mayor Libby Schaaf says he stands behind his mission to all officials and teachers. She says unvaccinated people should have a weekly COVID test.

August 5, 2021

17 o’clock
Napa County enforces indoor masking requirements at midnight
Napa County has joined most of the Bay Area by demanding face masks from indoor public spaces, the county said Thursday. The order takes effect at midnight. According to Napa health officials, the COVID-19 Delta variant now makes up 85% of the California variants. Solano County is currently the only county in the Bay Area that does not require the use of indoor masks.

7:15 a.m.
Buses are being tested for COVID-19 across Santa Clara County. We offer over 300 free tests in different locations every day. Today it takes place from 10 a.m. to 6 p.m. at the Valley Water Headquarters. Reservation is recommended. Walk-ups are also allowed.

CDCCOVID-19 Category Send to California County

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CDC COVID-19 Infection Rate by US County

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Vaccine Tracker: The Situation in California When the Coronavirus Vaccine Can Be Administered

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Coronavirus Bay Area Live Updates: San Francisco, Alameda counties suspend personal prison visits as cases rise

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