Non-Profit 'Operation Dignity' Says Emeryville Police Removed a Homeless Man, Police Deny It

 Somebody is Lying:

Police Department Says They Didn't Remove a Homeless Man

Emeryville Non-Profit Contractor Says They Did

Police Sergeant Says She Can't Remember 

Planet Fitness Says They're a Judgement Free Zone*

*Except For Homeless People

News Analysis

Regardless of strongly asserted public denials over the years, the police have been and continue to roust homeless people camped on public property in Emeryville before and after a 2024 US Supreme Court decision legalizing it.  The proof recently came as a result of a Tattler public records request that denied any records about a specific man formerly camped alongside 45th Street near San Pablo Avenue who has since been removed by the police against a countermanding statement about it from the local homeless shelter non-profit organization that contracts with the City of Emeryville.  

Oakland based emergency shelter, Operation Dignity, says Emeryville police, operating at the behest of Planet Fitness Inc, forced the man who had been camped nearby, to leave Emeryville against his will.  The police are denying a public record exists that would document the removal.  It is a crime for a municipality to deny public records requested via the California Public Records Act and a public agency that played a part in a removal of a camped individual would be required to document it.

Inside Emeryville's New Planet Fitness
They call the police on homeless people camped 
nearby on public property: That's a judgement.

 

In an email to the Tattler, Operation Dignity Executive Director Tim Evans says the Emeryville Police Department indicated that the man, who had been camping on public property alongside 45th Street near the Planet Fitness exercise facility location for months, would no longer be allowed there at the insistance of that corporation.  Mr Evans stated that Planet Fitness was readying a grand opening for their new Emeryville facility and that was the reason for their call made to the police.  Operation Dignity did not say whether they were able to provide a bed for the man but shelters across the Bay Area have indicated there are not enough beds on any given night and women with children usually get preference.    

In 2024, the Supreme Court found that municipalities may henceforth remove or arrest people caught sleeping on public property even if no shelter beds are available.  However Emeryville has not changed its municipal code or its stated intension to allow for the police to arrest or remove such people that way.

You belong at Planet Fitness Emeryville!*
*Unless you're homeless
Then we call the police on you.

In an email to the Tattler, Operation Dignity Director Evans, stated their organization had reached out to the man in question several times as a result of EPD requests and “The individual expressed hesitancy about engaging in services and declined ongoing assistance at that time”.  Evans added, “Unfortunately, due to a new business moving into that location, he could not continue camping there.”

A manager at the Planet Fitness has denied anyone from their facility made the call to the police.  

The Tattler began its investigation after EPD Sergeant Michelle Shepard said she had no recollection of a man camped at that location over the last many months.  Because we had direct knowledge of the man in question and we were aware of the Planet Fitness opening, we initiated a public records request for all documents regarding a man camped at the 45th Street location from ‘November 27th to today’ (the time the man would have been forced out).  The City responded with a blanket “no disclosable documents” statement.  The curious lack of memory of Sergeant Shepard also prompted us to inquire about the homeless man from a different police department employee who stated off the record, “Of course we noticed him”.  Observation and situational awareness is a central job description of police work.

After the man was removed from public property, the $9 billion corporate giant hosted their grand opening at the facility located at 45th Street and San Pablo Avenue.

EPD Sergeant Michelle Sheperd
She is paid to be observant but
she didn't notice a man camped in
plain sight for four months on 45th Street.

 

So the story stops at an intriguing impasse: the police department and Planet Fitness representatives both deny they interacted in any way with the man in question but the non-profit homeless advocacy organization Operation Dignity, who are contracted by the City of Emeryville, says both did interact with the man. The Emeryville police have denied rousting homeless people for years regardless of any Supreme Court ruling but the Tattler has found evidence they lied about past rousting and encampment clearances.  People who have noticed that Oakland and Berkeley both have a lot of encampments but Emeryville has had almost zero have been left wondering against loud proclamations from both the police and the City Council saying rousting just doesn’t happen in Emeryville.  The police, if they played a part in rousting this 45th Street man in addition to violating the California Public Records Act, will be revealed to have violated their own stated policies.

Emeryville has an official 'no clearances' policy as far as homeless encampments go.  The policy has always been to direct campers to shelters if beds are available and if the person is willing to go.  After it became legal for cities to clear out encampments regardless of shelter bed availability as was made clear by the Court's decision in 2024, the City of Emeryville never changed its policy.  Then and now, City Hall has always loudly and proudly taken the humane and compassionate way dealing with encampments.  Any clearances the City has done over the years have been despite the official policy.     

Three of the four claims presented in this story appear to be dubious and a skeptic would note that a police sergeant, who's job it is to be observant, would fail to notice a man camped in plain sight for more than four months in a town as small as Emeryville.  Further, said skeptic would note that a profit seeking corporation has an interest in lying to protect their PR and their shareholders while the police department has an existential interest in lying, to protect their image in the eyes of the public.  An emergency shelter non-profit has no discernible interest in lying about their bailiwick.

The law allowing cities to arrest people for public camping stems from the U.S. Supreme Court's decision last year in Grants Pass v. Johnson, which ruled that cities can enforce bans on sleeping and camping in public spaces without violating the Eighth Amendment's ban on cruel and unusual punishment, even if no shelter beds are available.

The public has a right to know how the least fortunate in our community are treated by government but unfortunately, governments have been known to lie.  Distressingly, any mistreatment is done in our name.  

The Tattler reached out to former mayor David Mourra, current mayor Sukhdeep Kaur and City Manager La Tanya Bellow about this story but none returned our inquiries.