Federal judge: Philly is ‘permitted, but not required’ to dissolve protest encampments

The administration must provide protesters with at least 72 hours notice to disband the encampments, and provide storage and safekeeping for their belongs, among other things, according to Robreno’s memorandum.

Robreno said in his memorandum that the federal courts could not offer solutions to the city’s homelessness crisis.

“The task of finding if not a solution at least some relief to this crisis rests squarely on the shoulders of the City’s elected officials,” Robreno wrote. “It is an enormous challenge. But further indecision and neglect will only make it worse.”

Rebreno rejected the protesters’ claims to maintain the encampments on First, Fourth and 14th Amendment grounds.

The federal judge recommended the city adopt a written policy governing removing future encampments and storing their belongings.

The lawsuit halted the administration from enforcing an Aug. 18 deadline for protesters to disband the camps. Two of the camps are located in public parks in Center City. A third camp is located on a vacant lot owned by the Philadelphia Housing Authority (PHA) in North Philadelphia.

Approximately 230 people currently reside in the encampments.

The ruling sets up yet another showdown between protesters, who have said they refuse to leave, and the Kenney administration.

In a released statement after the judge’s decision, Kenney said he continues to evaluate his next steps and issued no new timeline for protesters to vacate the camps. He maintained the camps create health and safety issues for the protesters and surrounding community.

“We maintain the position that the camps cannot continue indefinitely, however an updated timeline has not been established,” Kenney said. “I urge those still in the camps to voluntarily decamp and avail themselves of the beneficial services being offered.”

PHA President Kelvin Jeremiah said he was “very pleased” by the judge’s decision and didn’t set a new deadline for protesters to leave the North Philadelphia encampment on PHA property.

“The judge reaffirmed our position, that PHA and the city had a right to remove the encampments because of the public safety threat that it poses,” he said.

 Jeremiah said he hoped protesters would voluntarily leave and declined to say whether PHA would forcibly remove those who do not.

Negotiations continue between protesters and the Kenney administration and PHA, Kenney and Jeremiah said.

Protesters filed the civil rights lawsuit last week to block the Kenney administration from enforcing an order to disband the camps. The plaintiffs, represented by attorney Michael Huff, are seeking a temporary restraining order and injunction against the city, which would allow the camps to remain.

In a released statement, Huff said the plaintiffs were disappointed with the results of the lawsuit but appreciated that the judge recognized the enormity of the dual problems of homelessness and poverty.

“In the Opinion, the Judge correctly indicates that the problems of homelessness fall squarely on the shoulders of the City’s elected officials,” Huff said. “We hope that this lawsuit raises public awareness and motivates our elected officials to offer long term solutions.”

In recent days protesters have shrunk the footprint of the encampment by removing empty tents at the cap on the Benjamin Franklin Parkway, said Eva Gladstein, deputy managing director for health and human services.

Two hearings were held on the lawsuit in the federal courthouse within the last week, where plaintiffs, Gladstein, and others testified.

The legal action was brought by Irvin Murray, Maurice Scott, Dolores McFadden, Faith Anne Burdick, Edwin Jones. Kenney and the city were named in the lawsuit.

Protesters