The city of Albuquerque is being sued by the American Civil Liberties Union (ACLU) of New Mexico, among others, to stop the destruction of encampments and property, as well as jailing and fining people.
The law firm of Ives & Flores, the New Mexico Center on Law and Poverty (NMCLP) and attorney Nick Davis joined ACLU-NM in filing the lawsuit on behalf of people impacted by the closure of Coronado Park.
On Aug. 17, 2022, city officials fenced off the park, forced people who were residing in the encampment to leave and allegedly disposed of their property.
“They suddenly closed Coronado Park and threw my stuff in a garbage truck. I begged them to give it back, but they acted like I wasn’t even there,” Scott Yelton, a plaintiff, said on the ACLU-NM website. Yelton lost his home in September 2019 after losing his job and separating from his wife. “They took my stove, my tent, sleeping bag, clothes and my birth certificate,” Yelton said. “But worse, they took family photos I can never replace.”
Several of the plaintiffs said living on the street was safer than staying at the Westside Shelter, where they said they faced theft and unsanitary conditions. But on the street, every time they found a new place to live, the police forced them to move.
“With temperatures dropping, people are at risk of death from exposure to the elements. It is morally unacceptable for the city to punish people with no housing or shelter for engaging in life-sustaining activities,” Laura Schauer Ives, partner at the law firm of Ives & Flores, told the ACLU-NM. “Instead of offering services like affordable housing, employment opportunities and treatment for disabilities, the city is kicking them out of their homes.”
The number of people experiencing homelessness in Albuquerque has declined over the last 20 years, according to ABC News. In 2000, there were 2,002 homeless people living in the city, compared to 1,311 dating back to Jan. 2022.
But the rising cost to rent in Albuquerque and across the country, along with the decline of federally subsidized housing, has led to a critical shortage of affordable housing units. According to ABC News, rents in Albuquerque have increased between 10% and 19.9% in the first quarter of 2022.
ABC News points out that there are designated lots in Albuquerque with space for tents and vehicles that also offer services facilities, called Safe Outdoor Spaces, in addition to homeless shelters in the city. Coronado Park was not considered one of these designated areas.
“The housing crisis impacts everyone but disproportionately hurts people with mental health and other disabilities,” Maria Griego, director of economic equity at NMCLP, told ABC News. “Being forced to move and having belongings confiscated increases instability, making it even harder to find work, get medications, see a social worker or find permanent housing.”
The city of Albuquerque released this statement to KOAT 7 News: “Coronado Park had become a hub for narcotic usage, trafficking and organized crime. Closing the park was the right thing to do. People living there deserved better, safer alternatives, and connecting people with the help they needed was our priority.”
The city also said there was housing available. The city has spent a large portion of its budget helping the homeless population and says the people living in Coronado Park did not take advantage of these services, according to PeteDinelli.com. The city claims the homeless population were not jailed for being homeless, but rather for crimes such as drug possession.
