Lewis
Lewis v. City of Oakland
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NICOLE LEWIS, et al., Case No. 24-cv-04096-SI
Plaintiffs, ORDER DENYING PLAINTIFFS' v. REQUEST FOR A PRELIMINARY
INJUNCTION
CITY OF OAKLAND, et al., Re: Dkt. No. 1 Defendants.
12 BACKGROUND On May 1, 2024, the Bay Conservation and Development Commission (“BCDC”) sent a letter to the City of Oakland (“the City”) alleging that the City was in violation of § 66632(a) of the McAteer-Petris Act because of an encampment of unhoused individuals at Toll Plaza Beach within the BCDC’s 100-foot shoreline band jurisdiction. Dkt. No. 29-1 (“Duffey Decl.”) Ex. B at 1. The letter indicated that the City had 35 days to resolve the violation before fines began to accrue. Id. On May 31, 2024, the City appealed the 35-day time limit for resolution of the violation, indicating that “there are currently not enough shelter options to close all encampments in high sensitivity locations” and the City’s Encampment…