Q. Can a city remove people and their belongings from public property?
A. While everyone has a right to access public spaces, cities may clean out public spaces from time to time and may require people to move out of the those spaces for the cleaning. In addition, cities may regulate access to some public spaces, for example a city may establish hours during which public parks are open and closed. Local laws should be consulted to determine if such restrictions are in place.
Q. Can a city remove someone's belongings from public space and throw them away?
A. When cleaning a public space, a city may remove any belongings that are left in the space. However, the city should store the property for a certain period of time and establish a process for individuals to be able to retrieve their property later.
Q. Does the city have to give notice when cleaning an area?
A. Cities should give notice to people occupying a public space before requiring them to move for a clean up. This notice period should allow them ample opportunity to relocate and move their belongings.
Q. What if a city has not given notice to people living in a public space and has thrown away their belongings?
A. If a city fails to provide adequate notice of a public space cleaning and confiscates and destroys people's belongings without providing an opportunity for them to retrieve them, those actions may violate due process and the Fourth Amendment right to be free from unreasonable searches and seizures.
Q. Are there any model procedures cities can follow when cleaning public spaces?
Some cities have instituted procedures that give people advance notice of public space cleanings, connect those in need to outreach workers, and allow them to later retrieve any belongings that are removed by the city. Click here for more information about these procedures.
This page was created by Administrator on Jan 30, 2008 3:14 PM
The following people have contributed to the content on this page: Administrator, Tulin Ozdeger
This page
Other pages
Account
Administration
Discussion
