Report on Court Hearing: Possible Break-Through With Lakewood

For years, our Coalition has stood side by side with the homeless men and women forced to live in the woods of Lakewood’s Tent City.  Together, we have stood up for some basic principles.  For example, we believe that the homeless have a right to survive on public land until the government gives them a better place to go -- that is, the safe indoor housing that everyone deserves.  Now, we are on the verge of a break-through.

Late Friday, after years of trying -- unsuccessfully -- to eject the homeless, Lakewood finally agreed with what our Coalition has been saying all along.  Under a settlement-in-principle announced by the Court, Lakewood would be barred from ejecting any of Tent City’s current residents unless and until those residents are given housing -- not just a motel room for a night or two, but safe and adequate housing for at least a full year.  Below is a link to one of the many news reports about this major development:
http://www.nj.com/news/index.ssf/2013/03/judge_homeless_at_lakewoods_te.html

As a first step, the parties would cooperate in a census of Tent City’s residents -- approximately 100 men and women by some estimates -- as well as a screening of the residents for possible governmental benefits.   At the same time, the litigation against Ocean County and its Board of Social Services (the “County”) will continue -- that is, at least until the County stops turning away large numbers of homeless men, women and children, and finally makes emergency shelter available in the County.   In addition, the County continues to face a claim for more than $2 million in damages alleged by the Atlantic City Rescue Mission, to which the County for years has “exported” large numbers of its homeless without fair reimbursement.

Much work remains to be done, including finalization of the settlement-in-principle with Lakewood.  However, thanks to you and the Coalition, we are making tremendous progress.  The residents of Tent City are safe from ejectment -- and, finally, moving closer to the housing that this case has always been about.

Lakewood's Tent City homeless camp to get a reprieve

LAKEWOOD — Tent City, the homeless encampment near the Jersey shore, is getting another reprieve this week.

Lakewood town officials are backing off — for now — a plan to tear down the camp and evict its 80 or so residents from the woods near a minor league baseball stadium.

To read more, click here.

Sad day at Tent City

Yesterday was a sad day at Tent City, Lakewood, as residents dismantled about 15 structures they used to shield them from the elements.  The removal of those structures, which served as home for them, was part of an agreement between Tent City leaders and Lakewood Township.

These two photos show the chapel about 3 months ago.  It was taken down to satisfy the court order.

Hart Sastrowardoyo wrote an excellent article that appears in today's Asbury Park Press and Tom Costello captured the images in a photo essay.  To read the story click here and to view the photos click here .

State of the litigation-Discovery & Lakewood gets aggressive

Subject: Litigation Update: Discovery From County/Lakewood Threatening Tent City

Dear Coalition for the Homeless of Ocean County,

I write to update you on two developments in the Right to Shelter Litigation:

      1.    Discovery from County

     

      As you know, at the last court hearing, the judge denied the County's motion to dismiss all of our claims, and instead allowed the Homeless Individuals to continue the claim that there is a right to shelter under New Jersey's statutory law.  Most recently, we asked Judge Grasso (in the first attachment to this e-mail) to permit us to obtain information from the County through discovery, so that we could use that information to amend and expand the claims of the Homeless Individuals against the County.

      During a telephone conference with the judge, the County argued that no discovery at all should be allowed.  The judge did not accept the County's position, and instead directed the County's attorneys to speak with this law firm about the specific information that the County will have to provide.  The judge also agreed with us that the Homeless Individuals should not need to file their amended and expanded claims against the County until after the County provides some discovery.  Thus, we will not have to file those claims on July 1 (the originally scheduled date).  After the telephone conference, we had a cooperative call with one of the County's lawyers about discovery.  We also remain ready to cooperate with the County about other issues if the opportunity arises.     

      2.    Lakewood Threatening Tent City

     

      Thanks to our Coalition, for more than a year, the homeless have been able to continue living in the Lakewood tent city.  However, today, I received a letter from Lakewood's lawyers (the second attachment to this e-mail) threatening to go to the judge and seek a court order because of what Lakewood contends are 15 structures, a well and a generator added since last summer when the Consent Order was signed by the judge.  We do not believe that this is accurate, but we are going to attempt to resolve Lakewood's concerns.  I have discussed this development with the lawyer for Minister Steve Brigham, Todd Wilson, and Todd and I will be speaking with Lakewood's lawyer soon. This way, hopefully, we can continue to cooperate with Lakewood and keep the light on the  real problem:  the lack of available shelter in the County.

Regards,

Jeff  

Jeffrey J. Wild

Member of the Firm

Lowenstein Sandler PC

65 Livingston Avenue

Roseland, New Jersey 07068

Tele:  973-597-2554

Fax:  973-597-2555

            -and-

1251 Avenue of the Americas

New York, New York 10020

Tele:  212-262-6700

Fax:  973-5970-2555

jwild@lowenstein.com

http://www.lowenstein.com/

County & Lakewood filed their briefs

For the lawyers among you (or anyone else interested in the legal issues), attached are copies of the papers filed by the Board of Social Services, Ocean County and Lakewood. All of these papers seek, one way or the other, dismissal of our claim that a right to emergency shelter should be recognized in New Jersey. We are in the process of drafting our opposition papers, which are due a week from today, on April 18th. The oral argument remains scheduled for Friday, April 29th at 10 a.m. This may be a challenge legally, but it is a challenge that needs to be taken on, and hopefully Judge Grasso can be convinced not to grant the attached motion and throw out our claims against these governmental defendants. Jeffrey J. Wild Member of the Firm Lowenstein Sandler PC 65 Livingston AvenueRoseland, NJ 07068 973-597-2554 (direct telephone) 973-597-2555 (direct fax)