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Homeless community living in Harborside Park sue city to try and stop evictions

They filed a federal lawsuit asking a judge for a temporary restraining order to prevent the city from kicking them out until their case can be heard in court.

SAN DIEGO — A Chula Vista park near an elementary school was shut down by the city Wednesday over safety concerns about a homeless encampment.

The City of Chula Vista and 12 non-profit and agency partners were at Harborside Park Wednesday morning during the evictions to promote housing, social service, detox, and other support services for unsheltered individuals during a "Connect Event".

Dozens of people who were living in Harborside Park say they filed a federal lawsuit asking a judge for a temporary restraining order that would prevent the city from kicking them out, but the city moved forward with its plan to close the park. 

“The problem is the folks right here at Chula Vista City Hall that have done so little to help people experiencing homelessness in the city and are just moving people from one sidewalk to another,” said homeless advocate, Michael McConnell, while standing in front of City Hall.

McConnell and others fighting for the homeless community say people living in the park have nowhere else to go. They also point out that this location is right next to a County Health and Human Services office where they can get medical help.

“It is the second largest city in San Diego County and there is no shelter for homeless people,” added Mandy Lien.

Last week, city leaders approved closing the park. It's a move that was sparked by frustrated parents.

The park is right next to an elementary school and police have arrested people with drugs and weapons in the area.

“None of us want the park to be a home,” McConnell said. “That's not good for anybody.”

Instead of closing the park, McConnell believes the city should create a safe environment there with security. He says that would buy everyone more time to find the people living in the park some permanent housing.

“It's going to cost lives,” said Sebastian Martinez with Community Through Hope. “That's not a question. There is going to be someone from Harborside that passes due to the lack of resources here in Chula Vista.”

The federal lawsuit, with a dozen plaintiffs, claims the city is violating their civil rights and asked for a judge to halt Wednesday's evictions until their case can be heard in court.

City officials say they are not aware of the lawsuit, but issued a statement from the City Attorney’s office stating the following:

"In our opinion, the City Council's decision to temporarily close Harborside Park was approved in accordance with all applicable laws and can be lawfully acted upon. The record showed that conditions and conduct at the park clearly pose a substantial risk to the public health and safety of persons using the park and in the surrounding neighborhood.”

As a result, fencing will surround the area and will remain up for at least three months.

During the 90 day closure period, the City of Chula Vista said they will increase community outreach to engage with Harborside Elementary and the Chula Vista Elementary School District, residents, business owners, social service providers and the County of San Diego to determine options for long-term solutions for the site. 

For upcoming meetings and other important information regarding the park closure, click here.

WATCH RELATED: Lawsuit over homeless encampments at Harborside Park in Chula Vista (August 2022)

WATCH RELATED: Community discusses Chula Vista's decision to close Harborside Park after homeless issues (August 2022)

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