Ninth Circuit Authorizes Berkeley to Clear Encampment
The federal court ruled that a city park encampment poses a public health emergency due to leptospirosis.
Updated on Oct. 27, 2026 in Law
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The Ninth Circuit Court of Appeals has granted Berkeley an emergency request to clear a local homeless encampment after leptospirosis was detected at the site. The ruling allows the city to move forward with the abatement process following health concerns.
Why it matters
The court determined that the presence of the bacteria, which can lead to serious conditions like kidney damage and meningitis, constitutes a public health emergency. This decision provides the legal clearance necessary for the city to address the site conditions.
The Ninth Circuit Court of Appeals issued a per curiam order authorizing the city to proceed with the clearing of the site. Two encampment residents currently remain at the location following the abatement that took place in September.
The players
Ninth Circuit Court of Appeals
This is a federal court that holds jurisdiction over a large portion of the Western United States.
City of Berkeley
This local government entity is responsible for managing municipal park safety and homeless services.
The details
Leptospirosis can cause severe complications including liver failure and death, prompting the city to seek emergency intervention. Most of the encampment abatement was finished in September, leaving only two people at the site.
Timeline
September 2026: Most of the encampment abatement was completed.
October 26, 2026: The Ninth Circuit ruled in favor of the city.
Political Context
The city's action follows the Ninth Circuit Court of Appeals encampment abatement precedents for addressing municipal health threats. This ruling highlights the ongoing tension between local efforts to manage public sanitation and the legal protections afforded to encampment residents.
Local residents may see increased activity or city presence at the park as the city completes the final stages of the encampment clearance. This action is intended to mitigate health risks associated with the bacterial contamination identified by officials.
The takeaway
Public health emergencies can override standard city procedures for encampment management when immediate risks to the community are present. Residents should stay informed about park closures to ensure compliance with city safety notices.
Further reading
For additional context on local legal developments, visit the Law section.
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Should city governments be allowed to clear homeless encampments during public health emergencies?
