Homeless union files State Bar complaint against Sacramento DA over homeless enforcement

A homeless advocacy group has filed a complaint with the State Bar of California against Sacramento County District Attorney Thien Ho, accusing him of urging city officials to violate a federal court order that temporarily bars them from clearing homeless camps.

The move is the latest in a series of moves between the Sacramento Homeless Union, the city and the D.A.’s Office over Ho’s threats to hold city officials civilly or criminally liable for failing to take action to curb the growing homeless problem, especially in the downtown area.

The homeless union’s complaint, filed Wednesday by Berkeley attorney Anthony Prince, says Ho has “abused and misused his position as Sacramento District Attorney and violated the Rules of Professional responsibility.”

The complaint accuses Ho of pressuring the city to clear homeless camps despite an order by U.S. District Judge Troy L. Nunley prohibiting city officials from clearing homeless camps at least through Aug. 31.

Ho dismissed the union’s complaint to the State Bar, saying in a statement to The Sacramento Bee that “We are in receipt of this complaint and have no further response to this meritless allegation.”

“We remain undeterred in our commitment balancing compassion for the unhoused and preserving public safety,” he added.

The homeless union already has accused city officials of violating the ban on clearing camps during the order’s effect, and the group filed a motion Aug. 30 asking Nunley to extend the injunction through the third week of September.

Nunley responded to the motion with a minute order saying the union’s decision “to file their motion a day before the expiration of the injunction is not well-taken.”

“Based on plaintiffs’ delay and the cooler forecast ahead, the court will not extend the injunction until defendants have an opportunity to respond,” the order said.

The city filed court documents late Wednesday opposing the union’s effort to have the court order extended, citing the danger from fires that some homeless camps pose and other risks to residents.

The city contends that since the injunction took effect there have been six fires associated with homeless camps, including one Aug. 19 at a camp on Ninos Parkway that had been scheduled for removal on Aug. 7 but was blocked by the court order.

“The parkway is open space land that is abutting the backyards of the 3300 blocks of Zenobia Way residences,” Senior Deputy City Attorney Grace Pak wrote in her filing. “It is also near multiple electrical towers that are owned by Western Area Power Administration.

“As a direct result of the inability to clear this encampment due to the (temporary restraining order), city residents who live directly adjacent to these encampments were placed at risk because an open fire at the encampment resulted in lighting the dry grass and weeds in that area.

“Additionally, the proximity of the fire to the electrical towers resulted in a very dangerous situation where lives could have been at stake by the court’s order.”

The city also argued that because of the court order workers have been unable to provide maintenance at flood-control levees where some camps are located.

This puts residents at risk because last winter’s record snow and rainfall has left reservoirs much fuller than in drought years, the city argued.

“It is prudent and of the utmost importance to ensure optimal readiness of our entire critical infrastructure list so that we can prepare and respond effectively to protect life and property,” the city wrote. “The TRO, August 16, 2023 injunction, and any future injunction has and will put the whole community that resides in and travels to the city of Sacramento at significant risk due to being unable to maintain vital portions of our critical infrastructure, including flood management assets.”

The union’s complaint is based on Ho’s efforts since June 30 to get city officials to enforce its own ordinances against homeless camps blocking sidewalks or public buildings.

Since then, Ho’s office has said it has received more than 2,000 responses to a survey it commissioned asking residents about the lack of enforcement on homeless camps. Ho also has said he was launching an investigation of city officials over their response to his call for them to enforce ordinances.

Ho noted that he had learned the city had not issued a single police citation since passing an ordinance last year forbidding tents from blocking city sidewalks.

On Aug. 7, he sent city officials a letter demanding action and giving them 30 days to take action to clean up homeless camps before he filed a lawsuit or criminal charges in an effort to get them to do so. No such action had been filed as of Wednesday.

“Whipping up anti-homeless sentiment, quoting ‘survey’ results that have not been corroborated and pressuring the city of Sacramento to intensify homeless sweeps, even if it means violating a federal court order all suggest violations of professional responsibility on Mr. Ho’s part,” Prince wrote in his complaint to the Bar.

But Ho previously said his actions involving the city were never intended to get officials to violate the judge’s order by clearing homeless camps.

“Judge Nunley’s order never prohibited the city and their representatives from enforcing other laws: public storage, starting fires, obstructing the sidewalk so that individuals who are handicapped can’t use the sidewalk,” Ho told The Bee in an August interview.

“Judge Nunley’s order did not prevent the city from doing that. And what did the city do? Nothing.”

The city has defended itself in the ongoing dispute, saying two homeless camps that were cleared after Nunley issued his order were moved in error.

Mayor Darrell Steinberg has accused Ho of playing politics with the issue, and city officials have said authorities have responded to more than 4,500 calls for service in the last year over blocked sidewalks or building entrances.