Federal Judge Certifies Class of Unhoused Disabled Residents in Lawsuit Against Berkeley Over Encampment Sweeps

A federal judge has approved class certification in a lawsuit challenging how the City of Berkeley clears homeless encampments, a ruling that expands the case beyond its original five plaintiffs to cover an entire class of unhoused people with disabilities.

The order came down from the U.S. District Court for the Northern District of California, according to Disability Rights Advocates. The judge's decision means the lawsuit can now proceed on behalf of a broader group of disabled Berkeley residents affected by the city's encampment sweep practices, not just the individuals who originally brought the case.

Background on the Lawsuit

Disability Rights Advocates and the East Bay Community Law Center filed the lawsuit in 2023 on behalf of five individual plaintiffs. The suit targets how Berkeley conducts sweeps of homeless encampments and argues those practices harm unhoused residents with disabilities.

Class certification is a significant procedural milestone in civil rights litigation. It allows a case to represent an entire group of similarly situated people rather than limiting relief to the handful of plaintiffs named in the original filing.

Why This Matters for the Disability Community

Encampment sweeps have become a flashpoint issue in cities across California and the country as local governments grapple with rising homelessness. For disabled residents living unsheltered, these sweeps can mean losing mobility equipment, medication, medical devices, and other items essential to daily survival, often with little notice and few accommodations.

This case is one of the clearer efforts to hold a city accountable specifically for how those sweeps affect disabled unhoused residents, rather than treating homelessness policy as a disability-neutral issue.

Voice of the Blind will continue following this case as it moves forward in federal court.