Allen

Plaintiffs challenge a City of Sacramento (City) ordinance. Among other things, they assert the ordinance is unconstitutional both on its face and as applied to them. We will reverse a portion of the trial court’s order sustaining the City’s demurrer. Although plaintiffs fail to meet their appellate burden on most of their claims, they state a cause of action for declaratory relief asserting an as-applied challenge based on equal protection.

A private property owner agreed that plaintiffs- — -22 homeless individuals and two people providing services to the homeless — could camp on his lot in a light industrial area of the City of Sacramento. City police informed plaintiffs that their camping violated a City ordinance prohibiting extended camping on public or private property without a City permit. When plaintiffs continued to camp on the lot, the police gave them citations on two occasions and removed their camping gear. Plaintiffs brought in other camping gear each time and continued their camping activities. The police ultimately arrested them.

Plaintiffs sued the City, claiming the camping ordinance is unconstitutional and the City enforces the ordinance in a…