Federal Judge Sets Conditions for Berkeley's Eighth and Harrison Camp Sweep

• A federal judge rejected a long-term block on clearing Berkeley's Eighth and Harrison camp but imposed new conditions.
• The city and homeless advocates must produce a list of proposed campsites for 23 residents by August.
• Judge Edward Chen noted 959,800 pounds of property were disposed of across 52 encampment closures with only 34 property inventory notices.
• Berkeley officials plan to post new closure notices, but a date has not been set.
• Disability accommodations and property storage remain unresolved points.

Federal Judge Edward Chen ruled Thursday in San Francisco that Berkeley can clear the Eighth and Harrison encampment "in short order," but only after meeting new requirements. The order rejects a longer-term postponement sought by homeless advocates.

Court Sets New Terms for Clearing the Camp

Judge Chen wrote that he expects the encampment will "in short order, be abated." However, the city must keep working with some residents on disability accommodations and property storage, as ordered in April.

What the City Must Do

Under the new order, homeless advocates must generate, and the city must approve or reject, a list of proposed campsites for 23 camp residents by August. The city must also continue to meet with residents to assess disability-related needs.

Interim Assistant City Attorney Katrina Eiland said open flames and rats remain daily problems in the camp. "There are open flames in the encampment every day. There are rats running over people, screaming in the night," she said in court.

Attorneys for campers with disabilities accused the city of "foot-dragging and obstruction" when Chen ordered concessions. Eiland responded that the city has not denied a single accommodation request.

Legal Battle Over Property and Storage

The judge's order highlighted a history of lost property. Over nearly three years, Berkeley's enforcement operations disposed of roughly 959,800 pounds of material across 52 encampment closures, 34 deep cleaning operations, and 11 RV closures. The city issued only 34 property inventory notices during that time.

The Berkeley Homeless Union accused the city of ignoring earlier court orders, sensationalizing a leptospirosis outbreak, and improperly destroying or failing to store property during past closures.

Local California Context

Berkeley first began sweeping the camp in June 2025, but a federal judge paused the work. The camp sits near Gilman Street, San Pablo Avenue, the Union Pacific rail line, and Codornices Creek in Alameda County.

The City Council also cut health department positions and eliminated several vacant Berkeley Police Department jobs in the June budget. Those agencies have the most frequent contact with unhoused residents.

After the city gave the street under another camp on Carleton Street to Bayer, the company evicted campers. Since those closures, the Eighth and Harrison camp has more than doubled in size.

Background

Berkeley has faced repeated legal challenges over its handling of homeless encampments. City rules restrict parking, sidewalk space, and camping, which advocates say make it nearly impossible to be unhoused in the city. Chen has already ordered exceptions, including allowing some RVs to park beyond the 72-hour limit and letting some residents use more than a 3-by-3-foot square of sidewalk for possessions.

Conclusion

City attorneys said officials will post new notices to close the camp, but no date is set. Even if the camp is removed, it is unclear how the city will stop tents and RVs from returning, as has happened after every previous sweep of the neighborhood.