Berkeley, CA – A federal judge has ruled that the City of Berkeley can proceed with clearing the Harrison Street homeless encampment, a decision that comes amidst a confirmed leptospirosis outbreak in the area. The ruling, issued in early April 2026 by U.S. District Judge Edward Chen, allows the city to address urgent public health concerns while simultaneously mandating specific accommodations for 16 disabled residents who are part of an ongoing lawsuit.
The encampment, located in West Berkeley, has been at the center of a protracted legal battle between the city and the Berkeley Homeless Union (BHU). The city's push for cleanup intensified following the discovery of leptospirosis, a bacterial disease spread by rats, in the encampment. "Numerous rats" and at least two dogs in the area tested positive for the disease, prompting a public health alert and recommendations for residents to relocate.
The presence of the disease and the city's attempts to clear the encampment have been a point of contention. As Garry Tan stated in a recent tweet regarding the situation, > "Rats spread leptospirosis — a tropical disease — through Berkeley's Harrison encampment . Courts blocked cleanup. This is what 'protecting' unhoused people looks like." This highlights a perspective on the consequences of legal injunctions on public health.
Judge Chen's recent orders acknowledge the city's justification in addressing the public health risk with urgency. However, the ruling also sets critical conditions for the cleanup, stemming from a lawsuit filed by the BHU citing Americans with Disabilities Act (ADA) violations. The city must now replace any "survival gear" it destroys and endeavor to preserve other personal property.
Crucially, the court has ordered individualized assessments for 16 specific disabled residents, prohibiting the city from applying its standard "3x3 rule" for possessions to these individuals. The Berkeley Homeless Union, while disappointed with some aspects, views the ruling as a partial victory, stating that it ensures residents can retain their tents and vehicles. The broader lawsuit, which challenges the city's encampment policies, is slated for a jury trial in October.
