Municipality says Cuddy Park camp clearing cuts legal muster because of public safety risks

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As Anchorage officials prepare to clear a Midtown encampment, members of the mayor's administration say the move is legally justified due to concerns over public safety, and obligations to honor permits issued to organizers of a scheduled music festival.

, community parks and throughout city greenbelts. With the clearing expected at Cuddy Park, the number of camps there appear to have thinned some in recent days.

“No one has clarified for me how this is legal,” said Assembly Member Felix Rivera, who represents the Midtown district that’s home to Cuddy Park and chairs the Housing and Homelessness Committee. The Alaska chapter of the American Civil Liberties Union is also paying attention. The organization has challenged the cityover abatement policies that have infringed on people’s civil rights and insists that under Martin v. Boise the decision to close down the shelter inside the Sullivan Arena curtails the municipality’s ability to kick people out of public property, including parks.

But the municipality sees a narrow legal path for demanding people leave Cuddy Park by Tuesday and is in the process of refining its overall policy for abating encampments and storing peoples’ possessions.

 

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