Judge Asks Santa Ana, County to Allow ‘Walk-Up’ Stays in Existing Shelters After Blocking New Winter Shelter

After blocking Orange County’s plans to open a cold weather shelter in Downtown Santa Ana earlier this month, the federal court judge presiding over the dispute pushed local officials to find an alternative shelter solution that will allow walk-ups instead of just referrals.

“It’s just inhumane to have people sit in the rain,” U.S. District Judge David O. Carter said during an Oct. 21 hearing. “I can’t let people sleep out in the rain because of a squabble between the county and city.”

The judge issued a temporary ruling Oct. 14 to stop the county’s plans to open the cold-weather shelter—run in partnership with Salvation Army—saying the city had enough shelter beds.

The ruling came just days before county supervisors were set to approve its contract with Salvation Army. The international nonprofit told county officials last week it was backing out of the deal.

City officials expressed concern in an Oct. 17 statement that a new cold weather shelter may draw homeless individuals from other parts of Orange County. Also, unlike year-round shelters, this type of seasonal shelter closes during the day and could leave individuals from other parts of the county “without a familiar place to go during the day.”

Sarmiento said the city “has more than done its part” to help address homelessness in the county by operating its own shelter, hosting the county’s shelter, and “leading in the creation of new affordable housing.”

“However, our community cannot bear the responsibility and the impacts of caring for virtually the entire homeless population of Orange County,” he said in the above statement. “It is time for other cities to step up and do their part, and for the County to look elsewhere for its future shelters.”

Before the ruling, Mayor Vincente Sarmiento and City Manager Kristine Ridge told the judge at the hearing that the city already has sufficient capacity to serve its homeless population—with 425 beds at a county shelter on Yale Street and 200 beds at the city’s shelter on Carnegie Avenue. However, these locations require individuals to be referred to the shelter to be admitted.

Mayor of Santa Ana Vicente Sarmiento speaks at Irvine City Hall on Nov. 15, 2021. (John Fredricks/The Epoch Times)

Carter said in the most recent hearing he hopes to see each part of the county has its own “low-barrier, walk-up” shelters for the winter months.

Santa Ana officials responded they would lower their restrictions at the city’s facility, opening enough beds for short-term stays. Carter called on the county Board of Supervisors to discuss doing the same at their facilities.

The new shelter would have been located at Third Street and Garfield Street in Ward 6—which is overseen by Councilman David Penaloza.

Penaloza, who also opposed the new shelter, called the judge’s ruling “a huge win” and a “temporary relief” for Santa Ana in a statement posted on Facebook Oct. 11.

“Judge Carter pointed to the recent grand jury report that stated South County still had zero shelter beds in their area and had been known to transport homeless people to our city,” he said. “We are in this together and must continue to speak up and push back.”

The city also filed a lawsuit Oct. 14 seeking a temporary restraining order against the Salvation Army but withdrew its request following the judge’s ruling.

Currently, there are about 990 homeless individuals in Santa Ana, according to a point-in-time count released by Orange County in May. The report also shows that the city’s total homeless population dropped 44 percent—from 1,769 to 990—over the past three years.

OC Supervisor Katrina Foley, whose district covers Santa Ana, was not immediately available for comment by press time.

City News Service contributed to this report.