Homelessness ACLU gets partial victory in suit against Laguna Beach discriminates against its disabled homeless

Attorneys are calling a ruling by a U.S. District Court judge a partial win in their lawsuit, which claims Laguna Beach discriminates against homeless people with disabilities and that portions of its homeless program violate federal laws.

U.S. District Judge Andrew Guilford ruled June 26 that the van used by the city of Laguna Beach to transport homeless from the downtown area to its permanent shelter, the Alternative Sleeping Location in Laguna Canyon, violates their rights under the Americans with Disabilities Act and the Rehabilitation Act.

The van violates federal standards because it has no ramps and lifts and therefore could make transport difficult for those with physical or mental limitations, the judge said.

The ruling was one of several in recent days regarding the lawsuit filed by the ACLU Foundation of Southern California and the law firm of Paul Hastings. A trial is scheduled for Aug. 1 to determine other points in the case.

"We are confident the federal judge hearing this case will agree that Laguna Beach's homelessness program discriminates against individuals

with disabilities who are experiencing homelessness and that systemic change is long overdue," said David Hernand, an attorney with Paul Hastings.

Laguna Beach City Attorney Phil Kohn said June 28 that the city is evaluating Guilford's rulings. He said the city is in the process of getting a new van that includes a ramp and lift.

"People that haven't been able to get into the van have been placed in it," Kohn said. "No one has not been taken on the van to the Alternative Sleeping Location because of this."

Guilford also ruled that other issues - including whether Laguna Beach will be obligated to fund, construct and operate apartment housing for homeless people with disablities - can be ruled on in a class action and will be heard during the August trial.

Kohn said that the judge's ruling lumping all the plaintiffs into a class action is a benefit to the city.

"Any final judgment as to those issues will now be binding on all persons who fit within the definition of the ?class,' not just the named plaintiffs," Kohn said. "As a result, the city will be protected again multiple successive lawsuits by other persons based on the same allegations."

In the 2015 lawsuit by the ACLU, Laguna Beach is also accused of being overzealous in its efforts to ticket the homeless who are setting up camp and sleeping in public areas. The city prohibits camping and lodging on public property.

Guilford did not find enough evidence to support this claim.

The city established the homeless shelter in the canyon in 2009. There are 45 beds, and preference is given to homeless with ties to the city. The buildings are heated in the winter and cooled in the summer, and there are shower and laundry facilities. The homeless also get free meals.

The shelter has ramps, doorways and restroom facilities designed to meet the accessibility requirements of the Americans with Disabilities Act, Kohn said. The van service runs from the shelter to downtown and the city's bus depot.

The shelter is operated by the Friendship Shelter, a nonprofit that works with the city to help provide a variety of support services.

"What message does it send to any city that might want to do the same thing?" Kohn said about the lawsuit. "How many other have stepped forward and why not? You just have to look at this lawsuit."

"Everyone is on the same side here," he added. "We have a serious issue ? screaming out for some type of solution. The issue is how do we address it."

But ACLU representatives say Laguna is not doing enough.

"This is important because of the growing problem of homelessness in one of the wealthiest enclaves in Southern California," said Eve Garrow, homelessness policy analyst with the ACLU SoCal. "The reality is that Laguna Beach has adopted a strategy that punishes disabled individuals merely for falling on hard times."