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CalTrans Enforces Clearance in Oakland, Protestors Help Some Residents Stay

“They posted signs saying everyone had to get off the property”

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Four protestors crouch behind and hold shields on a tract of CalTrans owned land next to Mosswood Park in North Oakland on January 28. Another protestor, Annmarie Bustamante (right), stands next to the shield holders. A homeless resident (back center right) gathers his belongings during a clearance. Photo by Zack Haber.

While facing intense rain and protests on January 27 and 28, California Highway Patrol officers and California Dept. of Transportation (CalTrans) workers cleared tents, trash, broken branches, and homeless people from a tract of CalTrans-owned land that sits between Mosswood Park and the 580 Freeway in North Oakland.

CalTrans referred to the operation as a cleaning. Activists, local civil rights lawyers, and the site’s residents called it an eviction. Two residents successfully resisted being removed from the site and stayed on the tract of land.

“They posted signs saying everybody has to get off the property,” said Osha Neumann, a lawyer with the East Bay Community Law Center who was at the tract on January 27. “To me, that’s an eviction. There’s no question the intent was to displace people.”

CalTrans posted a NO TRESPASSING notice on January 25. Printed words stated the site was scheduled for cleaning on January 27. The date “1/28/21” was also added in blue pen ink.

In an e-mail to Oakland resident Charlotte Ashlock, who inquired about the operation, CalTrans Deputy District Administrator Cheryl Chambers claimed a resident was tapping into a CalTrans electrical panel, which affected 30 streetlights in the area and initiated the clearance.

“During the pandemic, CalTrans is only moving people…if there is an emergency to life or infrastructure as happened with the electrical tap at Mosswood” she wrote.

Caltrans public information officer Janis Mara told The Oakland Post that the cleaning was done because “illegally compromising electrical components poses a fire hazard to those in the area and threatens the integrity of the infrastructure.”

Neumann believes, despite the illegal tapping, CalTran’s actions were not fair to the residents.  “Making everybody leave because somebody tapped into electricity is like requiring everybody in an apartment complex to vacate because one tenant is running an illegal extension cord out the window to a socket in the basement,” he said.

By January 29, the vast majority of the tract’s residents moved about 40-60 feet away into Mosswood Park.  Mara reported that “Caltrans requested assistance from the City of Oakland to provide social services and outreach in advance of this removal,” but no residents reported being offered alternative shelter.

Two residents, who lived in a small home they had made mostly out of recycled wood and plastic, remained in their home and on the site despite the order to leave. John, who lives in the home, thinks it is not a threat to CalTrans or public health.

The Caltrans-owned tract of land where John’s home sits is smaller than the tennis court it rests behind and is forested with pine and acacia trees. John said he has been on the site on and off for five years because it’s “out of the way.” During the warmer months, thick foliage often makes the area invisible to those outside of it.

On January 27, John and his roommate told CalTrans workers and CHP Offices that they did not plan on leaving. About a half dozen protestors supported them that day.

“I’ve just had them move me around enough,” John told The Oakland Post. “They play musical chairs with everybody, give 5% of the people housing, then take it away a few months later.”

John had been cleared from the area before, but he and his roommate stood firm during this operation and protestors aided them. On January 28, about 20 protestors showed up despite heavy rain. Ten of them held colorful wooden shields. Six of the shield holders stood outside John and his roommate’s home while four others stood outside another resident’s red tent as he gathered his belongings. About a dozen and a half CalTrans workers gathered and cleared trash and tree branches from the area. Occasionally, workers fell in the slippery mud. A few CHP officers monitored.

The resident who lived in the red tent, who asked not to be named for fear of police retaliation, did not resist the clearance. But the protestor’s presence allowed him extra time to clear his possessions. In the past, CalTrans had destroyed possessions he wished to keep in similar operations.

“This has been one of the best times in terms of being able to salvage my possessions because of the help of the volunteers,” he said. “It was nice to have advocates have our back.”

“They’re clearing debris but also some belongings,” said a protestor while holding a shield January 28. They also asked not to be named due to fear of police retaliation.

“We just want to be sure they don’t touch people’s structures. Threatening people’s ability to shelter themselves at a time like this is appalling.”

CalTrans has a documented history of destroying homeless residents’ belongings during clearances. They agreed to pay $5.5 million in February 2020 to settle a lawsuit that Neumann worked on, Sanchez V CalTrans, which accused the department of illegally destroying homeless people’s property during sweeps in Oakland, Berkeley and Emeryville between December 2014 and October 2019. At least 1,200 people in Oakland, Emeryville and Berkeley said CalTrans destroyed their possessions and have filed claims.

According to John, there had been 20 people living on the CalTrans tract, but most left on January 27 due to feeling intimidated. A protestor, Annmarie Baustamente, who was on the track during both days of the clearance said that some residents were absent during the clearance. She saw CalTrans bag and store people’s items that appeared to be worth more than $50 but worried about residents losing other items that had sentimental value. Bustamante, along with several residents, also expressed worry about a resident who uprooted herself and all her belongings due to the clearance days after her partner died. Neumann said he talked to a resident who lost personal artworks and art supplies that were important to him.

Andrea Henson, a lawyer with the Oakland’s Eviction Defense Center who was on the tract on January 28, said she was appalled to see CalTrans throw away a hand-washing station. “If they were doing a cleaning, then shouldn’t the handwashing station have been moved aside or replaced?” she asked.

Caltrans Public Information Officer Janis Mara’s claimed the wash station was “inoperable and beyond repair.” In her e-mail, CalTrans Deputy District Director Cheryl Chambers said the department allowed one resident “to remain onsite due to his health concerns.” Both lawyers who were onsite, Henson and Neumann, said they thought the reason John’s home was not torn down was the protestors’ presence and John and his roommate’s determination to stay.

“The only reason that the house wasn’t torn down was the protest,” said Henson.

During the clearance, Neumann spoke to the commanding officer on-site and tried to persuade him that tearing down John’s home during the storm and under COVID would look bad for CalTrans and harm the residents. Neumann asked for time to work out solutions to problems CalTrans had with the encampment.

“He listened,” said Neumann, “but I didn’t change his mind. What changed his mind was the presence of eviction defenders.”

By February 2, at least three residents had moved back unto the CalTrans owned land.

Activism

An Inside Look into How San Francisco Analyzes Homeless Encampments

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles. These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

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Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.
Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

By Magaly Muñoz

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles.

These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

But it’s normal to have tents set up again within less than 24 hours after an encampment sweep, David Nakanishi, Healthy Streets Operation Center Manager at the Department of Emergency Management, says. Sometimes there’s less people than before but often there is also no change.

“Most of the people that were in the encampments that want to go inside, we’ve gotten the majority of those [into shelter],” Nakanishi says. “Many of the people we encounter now, are those who have various reasons to not accept shelter, and some are already in shelter/housing”.

Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

Where neighboring cities in the Bay Area are clearing encampments a few days a week, San Francisco is sweeping 10 times a week, two per weekday.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

Considering the controversy that plagues the city around its harsh policies, the Post decided to tag along on a ride with Nakanishi to show us how he decides what encampments make it on the city’s sweep list.

Nakanishi, having over 20 years of experience in homelessness management, drives around the busiest parts of the city almost daily. He’s tasked with arranging a weekly sweeping operation schedule for city teams to engage with unhoused folks to help get them off the streets.

So what exactly is he looking out for when deciding what encampments get swept?

It depends, he says.

Locations like schools, recreational centers, senior centers, or businesses are places he tends to want to address quickly, especially schools. These are the places where the complaints are highest and access to facilities is important for residents.

He says he also takes into account 311 calls and reports made to him by city staff. On the date of publication, over 100 calls and reports were made about encampments around the city, according to San Francisco data.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Nakanishi made a few 311 reports himself on the ride along, pulling over to take photos and describe the encampments into his 311 app. He says it helps him remember where to possibly sweep next or allows smaller teams in the city to engage quicker with individuals on the streets.

Nakanishi also looks at the state of the encampments. Are there a lot of bulky items, such as furniture, or makeshift structures built out of tarps and plywood, blocking areas of traffic? Is trash beginning to pile up and spill into the streets or sidewalks? Sites that meet this criteria tend to be contenders for encampment sweeps, Nakanishi says.

Street by street, he points out individuals he’s interacted with, describing their conditions, habits, and reasons for denying assistance from the city.

One man on 2nd St and Mission, who rolls around a blue recycling bin and often yells at passing pedestrians, has refused shelter several times, Nakanishi says.

People deny shelter for all kinds of reasons, he says. There’s too many rules to follow, people feel unsafe in congregate or shared shelters, or their behavioral and mental health problems make it hard to get them into proper services.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Nakanishi references another man on South Van Ness under the freeway, who city outreach have attempted to get into shelter, but his screaming outbursts make it difficult to place him without disturbing other people in the same space. Nakanishi says it might be an issue of the man needing resources like medication to alleviate his distress that causes the screaming, but the city behavioral team is in the process of outreaching him to figure that out.

In October, city outreach teams engaged with 495 unhoused people. 377 of those engaged refused shelter and only 118 accepted placements, according to city data. That number of monthly referrals is consistent throughout the entirety of 2024 so far.

Nakanishi has long advocated for the well-being of unhoused people, he explains. In 2004, he was working with the Department of Public Health and told then-Mayor Gavin Newsom that there needed to be more housing for families. Nakinishi was told it was easier to deal with individuals first and the city “will get there eventually.” 20 years later, family housing is still not as extensive as it could be, and the waiting list to get placements for families is a mile long with over 500 names.

In 2020, he was a Senior Behavioral Health Clinician at a hotel in the city during the pandemic. He says in 2021 he collaborated with DPH to provide vaccines to those staying in the makeshift hotel shelters once those became available.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Despite the constant media attention that city outreach is inhumanely treating homeless people, so much so that it has led to lawsuits against San Francisco from advocates, Nakanishi says not a lot of people are seeing the true conditions of some encampments.

He describes soiled clothing and tents, drenched in urine, and oftentimes rodents or bug infestations in places where people are sleeping. He’s asked homeless advocates- often those who are the most critical about the city’s work- who have shown up to observe the sweeps if those are conditions the city should allow people to be subjected to, but not many have answers for him, Nakanishi says.

The city’s “bag and tag” policy allows city workers to throw away items that are “soiled by infectious materials” such as bodily fluids and waste.

Sweep operations are conducted at 8am and 1pm Monday through Friday. People at the encampments are given 72 hour notice to vacate, but some don’t leave the area until the day of the sweep.

City outreach workers come out the day before and day of to offer resources and shelter to those interested. The Department of Public Works discards any trash that is left over from the sweep and washes down the area.

Nakanishi told the Post that the only time the city takes tents or personal possessions from residents is when folks become physically violent towards workers and police take the items as evidence. Other items taken are bagged and tagged in accordance with city policy.

Stories from local newspapers such as the San Francisco Standard and the Chronicle show instances of SFPD handcuffing residents while their items are thrown in the trash or disposing of personal possessions without reason.

Advocates have long been pushing for a more competent and compassionate process if the city is going to choose to continue sweeping unhouse people.

No matter the lawsuits and constant criticisms from allies, the encampment sweeps are not slowing down, even with the cold weather quickly approaching the coastal city.

Nakanishi says there aren’t a lot of large encampments left in San Francisco so now they do runs of streets in order to stretch out the sweeps as much as possible.

It’s calculated strategies and years of first hand knowledge that make this job work, “It takes dedication to the work, caring for the people and the community, and persistence, patience and sometimes good luck to make the positive changes for the people on the street,” Nakanishi says.

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Activism

Oakland Post: Week of November 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of November 13 – 19, 2024

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To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST

Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST

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Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST

Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?

Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.

STREAMED LIVE!
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YOUTUBE: youtube.com/blackpressusatv
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