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Case Name Glover v. City of Laguna Beach PB-CA-0045
Docket / Court No. 8:15-cv-01332-AG-DFM ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Attorney Organization ACLU of Southern California
Case Summary
This lawsuit was brought by several homeless people with mental and physical disabilities against the City of Laguna Beach in the U.S. District Court for the Central District of California. The plaintiffs, represented by the Southern California chapter of the ACLU and private counsel, have accused ... read more >
This lawsuit was brought by several homeless people with mental and physical disabilities against the City of Laguna Beach in the U.S. District Court for the Central District of California. The plaintiffs, represented by the Southern California chapter of the ACLU and private counsel, have accused the city and the Laguna Beach Police Department (LBPD) of violating the Eighth and Fourteenth Amendments of the U.S. Constitution, Title II of the Americans with Disabilities Act (42 U.S.C. § 12132), Section 504 of the Rehabilitation Act (29 U.S.C. §§ 706, 794), and Article I, sections 7 and 17 of the California Constitution by targeting disabled homeless people under laws restricting camping in public spaces. Plaintiffs argue that the Alternative Sleeping Location (ASL) created by the county as part of the settlement to a previous lawsuit against the county over its treatment of homeless persons doesn’t have adequate accommodations for homeless persons with disabilities, and that disabled homeless persons thus have no viable alternative to camping in public spaces. Plaintiffs bring their suit under 42 U.S.C. §1983, the Declaratory Judgement Act (28 U.S.C. §2201), and California Law, and have asked the court for preliminary and permanent injunctive relief, declaratory relief, nominal damages, and attorneys’ fees. More specifically, plaintiffs are asking the court to say that Laguna Beach is violating the law, prevent the city from enforcing anti-camping laws, and require the city to provide new accommodations suitable for housing homeless people with disabilities.

On November 23, 2015, plaintiffs asked the district court judge assigned to the case, Judge Andrew J. Guilford, to issue a preliminary injunction that would prevent the LBPD from enforcing anti-camping laws against disabled homeless people pending the final outcome of the suit. Judge Guilford denied that relief on February 10, 2016, finding that the plaintiffs’ claims for injunctive relief from enforcement of the anti-camping laws were unlikely to succeed at trial.

As of June 21, 2016, the case is ongoing. Judge Guilford has not yet decided whether to grant plaintiffs class certification to represent similarly-situated, disabled homeless people, nor has he decided the merits.

Ryan Berry - 06/21/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Jurisdiction-wide
Law-enforcement
Disability
disability, unspecified
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Buildings
Emergency shelter
Funding
Government Services (specify)
Housing assistance
Pattern or Practice
Placement in shelters
Poverty/homelessness
Reasonable Accommodations
Reasonable Modifications
Mental Disability
Mental Illness, Unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
State law
Defendant(s) Laguna Beach
Plaintiff Description Homeless disabled people in Laguna Beach California
Indexed Lawyer Organizations ACLU of Southern California
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Docket(s)
8:15-cv-01332 (C.D. Cal.) 06/02/2016
PB-CA-0045-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 08/20/2015
PB-CA-0045-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER [Denying Plaintiffs' Motion for Preliminary Injunction] 02/10/2016 (C.D. Cal.)
PB-CA-0045-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 05/04/2016
PB-CA-0045-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Guilford, Andrew J. (C.D. Cal.)
PB-CA-0045-0002
Monitors/Masters None on record
Plaintiff's Lawyers Dassoff, Glenn D. (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Grossman, Andrew Benjamin (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Helzer, Belinda Escobosa (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Hernand, David Mark (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Johnson, Heather Maria (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Lim, Daniel S. (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Murray, Katherine Frenck (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Wood, Kristopher Ray (California)
PB-CA-0045-0001 | PB-CA-0045-0003 | PB-CA-0045-9000
Defendant's Lawyers Dennington, Douglas J. (California)
PB-CA-0045-9000
Kohn, Philip D (California)
PB-CA-0045-9000
Thind, Ajit Singh (California)
PB-CA-0045-9000
Whittaker, Christopher S. (California)
PB-CA-0045-9000
Yoder, Michael G. (California)
PB-CA-0045-9000
Other Lawyers None on record

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