ALBUQUERQUE, N.M. — Three years after Albuquerque shut down a homeless encampment at Coronado Park, the state’s highest court is now set to decide whether the city acted unlawfully in removing the residents.
Eight individuals who were displaced from the park have filed a lawsuit against the city, alleging that their constitutional rights were violated by the forced eviction. Albuquerque maintains that its actions were lawful, and the Bernalillo County District Attorney’s Office is backing the city’s effort to dismiss the lawsuit.
John Kloss, Deputy District Attorney, emphasized the importance of the case, stating, “We hope the state supreme court will prioritize public safety in their ruling.”
The legal challenge centers on whether the city’s enforcement of public space regulations amounts to cruel and unusual punishment, as claimed by the plaintiffs. Although a U.S. Supreme Court decision has granted municipalities greater authority to clear homeless camps, New Mexico’s Supreme Court will review this state-level case.
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District Attorney Sam Bregman’s office argues that a ruling against the city could lead to increased public safety risks, potentially turning sidewalks, parks, and roadways into disputed zones.
On the other side, attorneys representing the homeless plaintiffs highlight the city’s failure to tackle affordable housing as a root cause of homelessness. Kristin Love, a senior attorney with the ACLU of New Mexico, explained, “Without effective housing solutions, more people are forced onto the streets because they simply cannot afford indoor living.”
The New Mexico Supreme Court is expected to hear arguments on this matter next year, with both sides awaiting a decision that could have far-reaching implications for public space management and homelessness policies in Albuquerque.
