Can Warren v. Chico be resolved through mediation?
CHICO  Tuesday marks the first meeting between the lawyers representing Bobby Warren, et all. and the city of Chico to discuss settlement options. The meetings come as a suggestion by Judge England who has preceded over the case, most recently ruling in favor of a preliminary injunction Thursday evening. England recommended that the parties seek mediation with the help of Magistrate Judge Kendall J. Newman, in attempts to prevent the case from heading to trial. While declaring a preliminary injunction, Judge England cited of a shelter before stating, Under none of these definitions is the airport site a shelter. It is an asphalt tarmac with no roof and no walls, no water and no electricity. It is an open space with what amounts to a large umbrella for some shade. It affords no real cover or protection to anyone.  Judge Englands ruling of preliminary injunction will not alter the citys current situation, however. Despite requests by city attorney Vince Ewing to have the temporary restraining order barring anti-camping ordinances lifted, the TRO continues under the name of preliminary injunction until either an agreement is made between both parties or a decision is made in trial. Speaking with the E-R on Friday, Cory Turner who represents the Plaintiffs as an attorney from the Legal Services of Northern California said his party is open to a settlement. We want to negotiate a solution for all members of the community. Those who are experiencing unsheltered homelessness and everyone else  we want to do whats best for everyone and we welcome the city back into that discussion, Turner said. We hope that now their unilateral solution has been rejected soundly by the judge, that they will be willing to reenter that that process in finding solutions that work.  For the preliminary injunction, England had the power to make multiple decisions but instead of changing the current situation, opted to continue the temporary restraining order until an agreement or resolution to the case comes via trial. Were glad the judge agreed with us and made clear that their unilateral airport proposal is not shelter, its not acceptable, and we welcome the city back to what are now these formal negotiations. Turner added: In order to grant the preliminary injunction, he had to find there was a likelihood that the citys actions were unconstitutional. So at minimum, he found that its likely that those actions were, even though its not a final decision, and that there is still much more to come in the legal process.  Speaking with the E-R on Friday, councilor Sean Morgan said he was disappointed but not surprised by the judges decision. Last nights order didnt really change the status quo but we do need to find that happy compromise before Bidwell Park looks like Skid Row in Los Angeles, Morgan wrote in an email. We are clearly not there yet and its going to take more city resources to make eight plaintiffs and an untold number of people who chose not to use current shelters happy.  Whats next:  While the preliminary injunction will last until a resolution is met, it doesnt eliminate the possibility that intervening motions could put the trial to rest without a universally decided agreement. If the city files a motion to dismiss the trial and and its adopted, the preliminary injunction will be considered void and policing can resume anti-camping ordinances. Both the Plaintiffs and Defendants are able to file a motion in advance requesting the judge make a decision at any point and time. During the negotiations, the city of Chico can also petition to have the preliminary injunction removed. If a settlement is not reached through the court, a strong possibility exists for the case to head to trial. The parties will meet with Magistrate Judge Kendall J. Newman set for 1 p.m. Tuesday.