Rights of Unhoused People

The final vote is scheduled for Sept. 16

On the brink of a second Trump administration, we stand ready to protect fundamental rights under federal and state law – and the Constitution

As a public school student in California, you have rights at your school. Explore your rights as students, so you can advocate for yourself and your communities.

The results of the November 2024 election — at both the federal and state levels — compel us to look ahead with clear eyes and strong resolve to protect civil liberties and civil rights. We balance our sober understanding of the threats ahead with our enduring commitment to a vision of the United States and its Constitution that respects the rights of all persons. 

On March 16, 2022, the ACLU Foundation of Northern California (“ACLU”) filed a federal lawsuit against the City of Fresno, urging the court to strike down a city ordinance that targets unhoused people, and puts unconstitutional restrictions on advocates, organizers, and reporters who try to draw attention to how the unhoused are treated during encampment sweeps. In February 2022, city officials amended an existing ordinance to create a buffer zone around abatement activity, like encampment sweeps, taking place on public property. Anyone who enters the off-limits area “without express authorization” from the city can now be charged with a misdemeanor or fined up to $250. This outrageously broad ordinance is a direct assault not just on our plaintiffs’ constitutional rights, but on everyone’s rights. The ACLU and the California Homeless Union, represented by the Law Offices of Anthony D. Prince, filed the complaint in the United States District Court, Eastern District of California on behalf of Dez Martinez, a longtime advocate who was once unhoused, Robert McCloskey, a reporter and activist, the Fresno Homeless Union, and Faith in the Valley. The lawsuit seeks to stop the ordinance from going into effect on March 31 and ultimately to get it voided altogether. On March 30, 2022, the ACLU and the California Homeless Union filed a motion for preliminary injunction to ask the Court to prohibit the City of Fresno from enforcing the ordinance and conducting nuisance abatements under the ordinance. In response, the City of Fresno moved to dismiss the lawsuit. The Court has scheduled a hearing on the preliminary injunction for Wednesday, May 11.

On July 14, 2021, the ACLU Foundation of Northern California, the Law Foundation of Silicon Valley, Disability Rights Advocates, King & Spalding LLP, and Hewlett Packard Enterprise filed a class action complaint against the City of Mountain View for enacting two ordinances that, together, severely restricted when and where “oversized vehicles” (OSVs) could park in the City.

The ACLU Foundation of Northern California, Disability Rights Advocates, Legal Aid of Sonoma County, and California Rural Legal Assistance, Inc. filed a federal lawsuit against the city of Sebastopol for enacting an ordinance that prohibits vehicles “designed or altered for human habitation” from parking anywhere within city limits during the day.

In September 2020, the City of San Francisco filed a series of shockingly unprecedented lawsuits against 28 Bay Area residents. The City is seeking to use California’s public nuisance and Unfair Competition Law (“UCL”) statutes to banish individuals from the San Francisco's Tenderloin District for allegedly engaging in a few instances of street-level drug dealing.