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Getting answers: What are "Level 1" homeless camps and when can Sacramento sweep them?

What are "Level 1" homeless camps and when can Sacramento sweep them?
What are "Level 1" homeless camps and when can Sacramento sweep them? 02:32

SACRAMENTO -- The City of Sacramento and its police department forced the removal of more than 100 people at a homeless encampment outside Stanford Park in Midtown on C and 28th streets Wednesday morning. Notices to vacate started going up on tents Tuesday. 

It's action by the city that many nearby neighbors have been calling for daily for months, saying crime and drug use at the encampment was out of control.

The city told CBS13 this encampment was classified as "Level 1 priority" for removal, as announced by Assistant City Manager Mario Lara at a June 27 homeless workshop.  

Lara reported to the city council at the meeting that there are 27 Level 1 homeless encampments within Sacramento's city limits, including the encampment at C and 28th until it was swept Wednesday morning.

"We're not the ones endangering other people," said Loretta Evans, who lives unhoused at Alhambra and W St. 

This encampment was also identified by Sacramento city leaders as a Level 1 priority for removal.

"You don't see our neighbors protesting against us and everything. We are not so bad. Everybody is not so bad, you know what I mean?" said Evans, fearing a sweep of her encampment is looming. 

Nearby, a village of dozens of RVs on Commerce Cir. is also classified as Level 1. 

Others that are on the top of the Level 1 list are located at Roseville Road, Bannon Creek Park, Granite Park, Hwy 99 and Broadway, North A Street, Stockton Boulevard and Northern Parkways. 

But what makes an encampment a top priority for removal? The city says it has to be: 

  • Near or blocking access to an essential location
  • A public safety or health risk
  • Blocking sidewalks or critical infrastructure  

"If you're going to define almost everything in the city as critical infrastructure, that dramatically violates the essence of the Boise decision," said Bob Erlenbusch, homeless advocate and director of the Sacramento Regional Coalition to End Homelessness. 

Erlenbusch is referring to Martin v. Boise, where a judge ruled it is unconstitutional to force the unhoused off of public property if there's not enough shelter space to house them.

So why can the city of Sacramento enforce these Level 1 sweeps? The simple answer: the encampments encroach on critical infrastructure, like sidewalks. 

Erlenbusch says that's a loophole in the Boise decision that cities are using to move the homeless out.

"I think there's going to be a lot of lawsuits — back and forth — which is really counterproductive," said Erlenbusch. 

Neighbors who live near the encampments say more should be done than just the sweeps.

"I think the city probably needs to come up with more solutions," said Claire Torres, who lives near the C and 28th sweep. 

Amy Gardner with Hope for Sacramento wants to see both sides win.  

"Every community in Sacramento is dealing with this. We need to understand we need to help everyone. That's the housed and the unhoused," said Gardner. 

Erlenbusch says it starts with one thing. 

"The priority should be, number one, getting those people into housing," said Erlenbusch. 

The unhoused at C and 28th were relocated to Miller Park if they accepted the city's offer. Some chose not to go and some are already back at the site of the sweep camping as of Wednesday night. 

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