Law students file suit in federal court on behalf of 11 homeless people in Akron
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October 8, 2014 STORY BY: EDITORIAL STAFF
When Rebecca Sremack was a third-year student last year in 黑料吃瓜网 School of Law鈥檚 Milton A. Kramer Law Clinic, the Akron native found a way to link her dedication to important causes in her hometown with the Kramer Clinic鈥檚 mission.
Sremack, who graduated last spring with a law degree, noted Akron鈥檚 property sweeps of homeless campsites and brought the situation to the attention of Assistant Professor Avidan Cover, who teaches in the school鈥檚 Civil Litigation Clinic. The intent of the law clinics is to give students experience with real cases for people who would not otherwise be able to afford legal representation.
鈥淲e began doing research on the issues, and the clinic took on formal representation of some of the homeless in the spring of last year,鈥 Cover said. Since that time, two sets of clinic students have worked on the case.
黑料吃瓜网 law students on Friday filed a federal class-action lawsuit, claiming the city of Akron wrongfully raided places where the homeless live.
鈥淭he policy change we seek is quite modest,鈥 Sremack said. 鈥淲e are asking the city to provide the homeless community with notice before they remove anyone鈥檚 property, and then provide them a way to recover any property that is taken instead of destroying it.鈥
Last year, in addition to Sremack, Abigail Avoryie, Jennifer Doll and Yelena Grinberg worked on the case. This year, clinic students Nathaniel Ehrman, Donielle Robinson and Emma Victorelli have continued, with Sremack also assisting.
鈥淲orking in the lawsuit has been a unique learning experience for clinic students,鈥 Cover said. 鈥淔or one thing, students have been doing extensive field research, making numerous trips to Akron, where they met with homeless individuals in soup kitchens and under bridge and road overpasses. The students have dedicated a tremendous amount of time and work to the case, giving up many of their weekends.鈥
Cover said the students are trying 鈥渢o rectify serious wrongs that a very vulnerable population has suffered. The students have the opportunity to be a part of impact litigation. We are trying to effect policy change.鈥
Cover also said he and his students and have gained 鈥渁 greater appreciation of the humanity and dignity of people who are so often invisible to most of us. Too many of us drive by or try to ignore homeless people.
鈥淭he seizure and destruction of homeless peoples鈥 property reflects a similar aspect of the dehumanization of the homeless,鈥 Cover said. 鈥淚n taking on the Akron homeless as our clients, we hope to restore their dignity and protect their constitutional rights. In some way, I feel we may increase our own humanity as well.鈥
Eleven homeless people are named as plaintiffs in the U.S. District Court of Northern Ohio complaint. Plaintiffs range in age from 22 and 64, including two military veterans.
The lawsuit contends that personal property was taken without notice or a chance to object to the seizures. The lawsuit names certain city administrative and police officials as defendants. According to news reports, Akron police issued a statement disputing the lawsuit鈥檚 claims and asserting the legality of its actions.
The case was assigned to U.S. District Judge Donald C. Nugent in the U. S. District Court, Northern District of Ohio.
The filing seeks damages for those affected by the seizures, a permanent injunction barring the city from conducting such seizures and a finding that the city's practices regarding the homeless are unconstitutional.
The lawsuit contends the business owners complained to city officials between 2010 and 2012 about a homeless encampment in a wooded area in North Akron. The city then developed a strategy that included stronger enforcement of loitering and trespass laws, required homeless people to obtain a city-issued panhandlers license and raided encampments several times from November 2010 through September of this year. The lawsuit claims that some sweeps occurred where the homeless had been told they could camp.
鈥淢any of our clients lost their belongings鈥攊ncluding tents, warm clothing, personal keepsakes, and legal documents鈥攁s a result of the city鈥檚 sweeps at the onset of the 2013 winter,鈥 said Emma Victorelli, part of the Kramer Law Clinic team that brought the lawsuit. 鈥淭he sweeps left these already vulnerable individuals facing the elements with minimal protection.鈥