MINNEAPOLIS — Two people living at an embattled homeless encampment have filed a federal lawsuit against Minneapolis Mayor Jacob Frey seeking to stop an eviction currently scheduled for Jan. 4.
The class action lawsuit, filed in U.S. District Court Tuesday by Cheryl Sagataw and Deanthony Barnes, who are both living at Camp Nenookaasi, accuses Frey of "seeking to evict, displace, and scatter them into the harsh Minnesota winter." The plaintiffs say those who live at the encampment will have their tents, yurts, teepees and other shelters destroyed and their belongings trashed without appropriate plans to house those who are evicted, adding that the camp's ceremonial fire and other sacred sites will be desecrated.
"Given the long and brutal history of encampment sweeps in Minneapolis and the deadly frigid winter ahead, Defendant Frey’s planned eviction is dangerous," the lawsuit states. "Plaintiffs not only face irreparable harms, but reasonably fear for their lives."
The camp is located at the corner of 13th Ave. S. and E. 23rd St. in the Phillips neighborhood near the Indigenous People's Task Force, which provides a variety of health and educational services to Native American individuals and families. Two previous dates set to clear the camp were scuttled after occupants and their representatives pleaded for more time.
City officials said in late December that Camp Nenookaasi would be shut down Jan. 4 due to "ongoing public safety and health concerns," including a recent deadly shooting, crime and drug use. In the announcement, the city referenced plans to add 90 beds to the existing shelter system to shelter displaced people.
But the lawsuit says occupants are already working with social workers and elected officials on paths to warm shelter, food, community and cultural healing, saying Camp Nenookaasi serves as "a crucial stepping stone to housing stability, sobriety and more."
"We have been out here for five months, begging the mayor to sit at the table, to come up with solutions, but he has not yet even visited the camp," said Nicole Mason, a member of the Red Lake Nation who created Camp Nenookaasi as a refuge for those seeking healing and recovery from addiction. "We're looking for long-term housing solutions. We're not looking to stay out here, we don't want this to be a forever thing."
Plaintiffs Sagataw and Barnes accuse Frey of overseeing the routine dismantling of homeless encampments since he took office in 2018, "with significant brutality and little support for evicted residents." They maintain the seizure and destruction of peoples' property is unconstitutional, the process of eviction places them at risk of immediate harm, and that closing the camp constitutes cruel and unusual punishment.
The lawsuit is asking for a permanent injunction blocking Frey and the city of Minneapolis from evicting the camp, and unspecified compensatory and punitive damages.
When asked for a reaction to the lawsuit, city spokesperson Sarah McKenzie released the following statement.
The City still intends to close the encampment on Thursday. For months, the City has worked with community partners and service providers to connect community members at the encampment with housing and shelter options. The City has postponed the closure date two times already in order to allow dedicated time to work with service providers and get people directly connected to housing and shelter options.
To date, 104 people from the encampment have been connected to housing or shelter. With help from Hennepin County and the State of Minnesota, Salvation Army and Rescue Now has plans to add 90 beds to the shelter system this week. Hennepin Shelter Hotline, in partnership with the Adult Shelter Connect, will help people access these additional beds as well as beds that become available in existing shelters. The City’s Homeless Response Team has engaged with nearly 100 unsheltered individuals to provide information on services and resources, including 15 housing referrals to outreach providers.
All of our encampment members deserve safe and dignified housing. An encampment – especially in winter – does not provide that. Additionally, the City must address the ongoing public health and safety issues, like a recent homicide at the encampment and the death of an infant.
After the encampment is closed, pre-development activity for a new, Indigenous community center will start. The Indigenous Peoples Task Force (IPTF) has a redevelopment agreement with the City for the site to construct the Mikwanedun Audisookon Art and Wellness Center and is planning to complete the purchase in February.
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