Camp Nenookaasi residents are taking their case to court a second time this year, hoping that a judge will rule in their favor and block the city of Minneapolis from evicting the camp for the time being.
U.S. District Judge Eric Tostrud heard arguments from attorneys representing the camp and city during a hearing Thursday in federal court, but did not immediately issue a decision on the matter. Tostrud said he expected to make a ruling “relatively quickly,” but did not specify his timeline.
Lead attorney Kira Kelley is representing four plaintiffs from the homeless encampment: Cheryl Sagataw, DeAnthony Barnes, Roberta Strong and Travis Neloms. Two of the plaintiffs still live at the camp, which is in its fifth iteration and is located at 2839 14th Ave. S., according to a camp organizer.
They are suing Minneapolis Mayor Jacob Frey, alleging that he authorized repeated evictions at the camp that violated the plaintiffs’ constitutional rights. The plaintiffs are seeking a temporary restraining order that would prohibit evictions of Camp Nenookaasi until the lawsuit against Frey is resolved.
Tostrud, also presided over the camp’s January attempt to prevent the first eviction, and ruled against them, saying there was no substantial evidence to support their case.
The camp has occupied several sites in the East Phillips and Phillips neighborhoods, and has a large Native population. The city evicted the camp from other lots three times between January and early February; a fire on February 29 destroyed one of the camps and prompted residents to move to their current location.
Tostrud questioned Kelley for an hour and a half, asking several questions which included the number of residents living at the camp, the number of police officers present at evictions, and whether police drones were used at the evictions.
Tostrud noted that the camp relocated a fifth time two weeks ago because of a fire, not an eviction. He repeatedly expressed concerns that if he ruled in Camp Nenookaasi’s favor, the camp could relocate to high-traffic city lots, such as the Minneapolis Convention Center, and that city officials would not be allowed to evict them.
The cause of the fire was undetermined because several possible ignition sources made it difficult to narrow it down.
Kelley responded by describing Camp Nenookaasi as a community—not a specific place—that provides residents with a safety net while they look for longer term housing.
Kelley argued that the city did not follow its own encampment clearing guidelines for the past two evictions. The city did not issue a notice to vacate the site, violating the Fourteenth Amendment of the U.S. Constitution guaranteeing civilians due process, she said. The city also violated the plaintiffs’ Eighth and Fourth Amendment rights, which protect civilians from cruel and unusual punishment, and unreasonable search and seizure of property.
Kelley said camp residents are worried that the city could evict them again with no prior notice, forcing them to leave behind many of their belongings and causing them to lose contact with social workers.
“We’ve seen how this has happened for the past two months,” Kelley said. “We can infer with all but certainty that it will happen again, and that this is how it will happen.”
Tostrud also repeatedly pushed the camp’s attorney and the city’s attorney to answer, “What’s changed since January?”
Kelley said Tostrud’s January ruling was based on “false promises” that the city would follow its guidelines and work to house residents. Recent evictions have demonstrated a pattern of constitutional violations by the city, they added.
Assistant City Attorney Sharda Enslin argued that “very little” has changed since January, and that the city should be allowed to evict the camp due to public safety and health concerns, which the city has cited as reasons for previous evictions.
“This encampment is now in its fifth iteration, but it’s operating in a way that is identical to the way that it has been operating at all its previous iterations,” Enslin said. “And it comes with all of the same safety risks, the community risks and the violation of city ordinances, city regulations, and the unlawful trespass.”
Enslin said that after each eviction, people affiliated with the camp broke through fences and tore down no trespassing signs so they could occupy other city-owned lots.
She also said that neighbors who live near the camps have found trash, hypodermic needles, and soiled toilet paper on their lawns. Smoke from campfires have made neighbors sick, she added, and neighbors have reported witnessing fights at the camps. One neighbor said a person emerged from the camp and defecated in their yard, according to Enslin.
Enslin said if the camp gets what it wants, that would allow it to occupy any city-owned property without repercussion, including high-traffic areas used by the public.
“This is important because, at the crux of Camp Nenookaasi’s community, ideology, and at the forefront of the relief that they’re seeking in this lawsuit, is that they should be permitted to have access to this place,” she said.
