The American Civil Liberties Union of West Virginia has informed the City of Wheeling it may file a lawsuit and seek an injunction to prevent the city from moving forward with tearing down the dwellings of community members who are experiencing homelessness.
The city has reportedly already torn down one encampment, and it is the understanding of ACLU-WV and affected community members in Wheeling that more are slated for destruction. It is also the understanding of ACLU-WV that the city has offered no housing alternatives to the people it intends to displace.
“Tearing down the homes of people who are struggling is wrong any time,” said ACLU-WV Legal Director Loree Stark, “but doing so amid a global viral pandemic when the U.S. Centers for Disease Control and Prevention explicitly warns against doing so is unthinkable.”
The CDC advises that, “Unless individual housing units are available, do not clear encampments during community spread of COVID-19. Clearing encampments can cause people to disperse throughout the community and break connections with service providers. This increases the potential for infectious disease spread.”
Destruction of encampments even under normal circumstances can present numerous potential constitutional concerns as well, Stark wrote in the letter to City Wheeling Manager Robert Herron.
The city of Wheeling has until 5 p.m. April 20, 2020 to commit in writing to 1) put an immediate stop to destruction of encampments and 2) establish housing alternatives for the individuals displaced by the city’s actions earlier this week.