Plaintiffs vow to press on with discrimination claims, said they were denied hotel rooms amid COVID-19 pandemic.
A Superior Court judge has dismissed most of the claims in a lawsuit that accused San Diego city and county officials of discriminating against homeless people with disabilities during the fight against the spread of COVID-19.
“Petitioners are on their third iteration of their complaint,” Bacal wrote in her Aug. 13 ruling. “And they seem to be no closer to identifying a ministerial duty with which either the city or county failed to comply.”City and county officials did not immediately respond to requests for comment on the decision. A lawyer for the plaintiffs said parts of the suit will move forward.
Bacal allowed two of the six arguments to move forward: one is an allegation that defendants violated a state Government Code section that prohibits discrimination against protected classes of people and the other is a claim for a judicial declaration that the defendants acted improperly. “The county admits that the cause of action for declaratory relief ‘rest on claims of discrimination and unequal treatment,” she ruled.
They were joined by a local nonprofit group — Food Not Bombs San Diego — which claimed it had to redirect its limited resources to assist clients whom city and county officials would not help.“The city deployed law enforcement to threaten and cite homeless individuals with quality of life ordinance violations against the guidelines withheld available non-congregate housing options from high-risk homeless individuals,” the legal complaint alleged.
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