The City of Chico is trying, for the second time, to exit the Warren v. Chico settlement agreement. That was the result of a lawsuit filed against the City by a group of unhoused residents, claiming Chico’s anti-camping laws were cruel and unusual punishment.
Now, the City's filing for Rule 60 relief, which allows court rulings to be overturned if they were filed in error, or if the laws around the ruling have changed. It filed a similar request last year, which was later denied by a federal judge.
This time, the City contends that the agreement should only apply to the individual unhoused plaintiffs that sued the City, and not all unhoused residents in the area.
The City also raises concerns about the fire risk caused by unhoused encampments – something it's flagged as an issue in the past. The City says the settlement agreement keeps it from removing people from high fire risk properties so that it can do fire mitigation work on the land.
These restrictions, the City posits, keep it from performing its state mandated duty to "make and enforce all laws and regulations in respect to municipal affairs."
“… It appears the City would prefer to expend its time and resources on continued litigation rather than working collaboratively to make the Settlement Agreement as successful as possible at addressing the needs of the unhoused and the broader community …”- Legal Services of Northern California
Legal Services of Northern California, the firm that represents the plaintiffs, wrote in an emailed statement to NSPR:
“Earlier this spring, the court flatly rejected the City’s attempt to back out of the Settlement Agreement in Warren v. Chico. The City now makes a second attempt to be released from the agreement it voluntarily entered into when nothing has changed since its last effort. It appears the City would prefer to expend its time and resources on continued litigation rather than working collaboratively to make the Settlement Agreement as successful as possible at addressing the needs of the unhoused and the broader community. Legal Services of Northern California is committed to ensuring our clients and the community receive the benefit of the settlement reached in good faith.”
The City's request for relief will be heard by a federal judge in October.
