Reed

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JON REED, et al., Case No. 21-cv-02781-WHO

Plaintiffs,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 44 CITY OF EMERYVILLE, et al., Defendants.

Individual homeless plaintiffs Jon Reed, Laura Berry, Frank Eugene Moore, III, Gabriel Smithson, and organizational plaintiff Where Do We Go Berkeley (“WDWGB”) bring this suit against the City of Emeryville (the “City”) and Christine Daniel, the City Manager of Emeryville, alleging constitutional violations and violation of the American with Disabilities Act (“ADA”) because defendants removed the individuals from their former encampment and failed to provide housing appropriate for their mental health disabilities. Defendants move to dismiss, arguing that the constitutional challenges are moot and that plaintiffs fail to adequately allege their ADA claim. I find that the claims are not moot and that WDWGB has standing. Plaintiffs cannot, however, plausibly allege their state-created danger claims because the defendants did not…