Starting now: a Minnesota federal judge will hear argument in a civil rights suit brought by the @ACLUMN and @legal_aid_MN. They are seeking a TRO to stop police sweeps of homeless encampments and discarding of property. City of Mpls and Hennepin Co filed opposition briefs.

Here's the plaintiffs' brief in support of the TRO on encampment sweeps < https://beta.documentcloud.org/documents/20398502-ptf-memo-iso-tro-berry-v-hennepin-encampment-sweeps>, and briefs in opposition from the City of Minneapolis < https://beta.documentcloud.org/documents/20398503-minneapolis-memo-opp-tro-berry-v-hennepin-encampment-sweeps> and Hennepin County < https://beta.documentcloud.org/documents/20398504-hennepin-memo-opp-tro-berry-v-hennepin-encampment-sweeps>.

“This case is about the defendants destroying plaintiff's property without due process and upending their life simply because they are homeless,” argued attorney Rebecca Stillman, and that police discarding tents/living essentials/sentimental property is a seizure under 4th Amd.

Judge Wright asks if the tents being on public land changes anything. Plaintiffs' lawyer says they had permission to be there, and that it is reasonable to expect that a tent was their home, and that they had a protected interest in their property in the tents.

“I'm assuming that [the gov't] believe[s] that using parks as encampments is not the intended use of parks. We disagree especially right now given Gov. Walz's executive order and given the fact that there is insufficient shelter space in Hennepin County right now,” said Stillman.

Judge asks about encampment risk to safety/health. Ptf lawyer: Sweeping camps+moving ppl to other outside locations does not actually address concerns about ppl living outside when cold. All it does is make more difficult bc ppl lose things to keep them warm like sleeping bags

Judge Wright is interested in what notice was given to the plaintiffs living in Minneapolis park encampments in advance of the police sweeps. Plaintiffs' lawyer says they may have given notice to some people, but not all, so it was a surprise to these plaintiffs.

After a discussion with plaintiffs’ lawyer on CDC guidelines on COVID and encampments, attorney Brian Rice is now speaking on behalf of Mpls Parks. He wants to talk for 20 minutes.

Attorney Brian Rice says the Minneapolis Park and Recreation Board is not in the business of housing people and that granting the order would give people who are homeless 4th Amendment rights and a preference on public land above others.

Minneapolis Park Board attorney Brian Rice on police homeless encampment sweeps: “The word bulldozers has been used. Your honor, that's not what happened. There were Bobcats, small Bobcats.”

Brian Rice says domestic assaults, sex trafficking, and hundreds if not thousands of hypodermic needles were in Powderhorn Park, and says the judge is being asked to usurp the legal authority of the government.

Brian Rice: If you've read our briefs—
Judge Wright: I *have* read them, so let's not use 'if' as a conditional

Sarah McLaren in the Minneapolis City Attorney's Office told the Court that the sweeps were done by Park Police, not MPD. Kelly Pierce in the Hennepin County Attorney's Office said they weren't involved in sweeps; spoke to the things the county is doing to help re: homelessness

Rebuttal. Plaintiffs’ counsel says multiple plaintiffs have articulated that they have called shelters and every time they have been told the shelter is full or left a voicemail and didn't get a call back, contrary to government assertions.

The hearing on Minneapolis park encampment sweeps is over, and no decision was made verbally. A written order will come out at some point.