SACRAMENTO, Calif. _ A federal judge in Sacramento has rejected a request from a civil rights attorney that would have required the city to leave two port-a-potty toilets at the site of a downtown homeless camp.
U.S. District Judge Kimberly J. Mueller denied the request for a temporary restraining order, saying in a seven-page order that "it is not clear plaintiffs have a federal case."
Sacramento civil rights attorney Mark Merin sued the city last week, saying police ordered the removal of a port-a-potty in January that was put there by two women hoping to help an encampment of about 30 people.
After that toilet was removed, the women had two more installed at the site on B Street, and Merin sought an order keeping them from being removed until the lawsuit is decided.
But Mueller wrote that she was not persuaded the fight over the toilets rose to the level of constitutional violations of the law.
"Fatal to plaintiffs' argument here is that the danger alleged is danger to purported constitutional rights, which as the court notes are not colorable on the record currently before the court," the judge wrote, adding the homeless citizens named as plaintiffs "have not met their burden of establishing a likelihood of irreparable harm."
City lawyers filed papers in the case claiming "chaos" could ensue if anyone is allowed to place property such as portable toilets on city land without a permit, and City Attorney Susana Alcala Wood issued a statement late Monday thanking the judge.
"Addressing the needs of people experiencing homelessness is one of the most pressing priorities for the Mayor and Council, reflected by the multi-pronged approach being actively pursued by the city," she wrote. "We appreciate the court's ruling and the swift resolution of this motion.
"The city will continue to keep its focus on housing people and providing them with the supportive services they need to maintain long-term stability."
Merin said he was not giving up.
"We still have our complaint and we can gather more declarations, and maybe we'll apply for a permit and appeal the denial of the permit," he said. "We'll have to talk to our clients.
"Maybe we'll put out more port-a-potties, just a whole bunch more scattered around the homeless encampments and let the homeless people themselves express the importance of port-a-potties and come to the City Council."
The portable toilets were still in place at midday Monday, before the judge's order was issued. Homeless residents have said the toilets allow them some dignity.
Without them, they said, they must walk a mile to use restaurant facilities or go outdoors.
