Federal Lawsuit
In February 2025, the Berkeley Homeless Union became one of the first homeless-led unions in California to file a federal civil rights lawsuit challenging encampment sweeps on 14th Amendment due process and ADA grounds.
Case Name
Berkeley Homeless Union et al. v. City of Berkeley et al.
Court
U.S. District Court, Northern District of California
Case Number
25-cv-01414 · 4:25-cv-04449
Presiding Judge
Hon. Edward M. Chen
Legal Claims
14th Amendment Due Process · ADA Reasonable Accommodation
Status
⚡ Active — Ongoing Litigation (2026)
The Supreme Court rules cities may enforce anti-camping ordinances even without available shelter — removing a key legal shield for unhoused people nationwide.
Yesica Prado and Gordon Gilmore found the BHU as a direct response, giving the unhoused community legal standing to fight back as a collective.
In an 8-1 vote, Berkeley removes the requirement to provide shelter or housing before clearing encampments. BHU sends a formal legal threat letter to the Council.
Berkeley clears encampments at Old City Hall, Ohlone Park, Berkeley Corporation Yard, and 4th & Bancroft — several without offering any shelter alternative.
BHU files in the Northern District of California to block the Harrison Corridor sweep. Raises state-created danger (14th Amendment) and ADA reasonable accommodation claims for 31 disabled residents.
Judge Chen blocks Berkeley from clearing the Harrison encampment while the case proceeds. A major early win establishing the court's willingness to protect unhoused residents.
Judge Chen rules Berkeley may clear Berkeley's broad encampment, but residents with disabilities and their property must be permitted to stay as an ADA accommodation.
A settlement judge declares "a complete breakdown in settlement discussions" and returns the case to Judge Chen. BHU continues pressing for full injunctive relief.
The case remains active in federal court. BHU continues pursuing systemic protections for all unhoused Berkeley residents.
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