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Sheppard Mullin, ACLU, National Homelessness Law Center File Amicus Letter in Opposition of California CARE Act Implementation 

02.17.2023

Sheppard Mullin and the American Civil Liberties Union are serving as lead counsel in connection with an amicus letter filed by the American Civil Liberties Union, the National Homelessness Law Center, Public Counsel, Community Legal Aid SoCal and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area in opposing the California CARE Act (the “ CARE Act”) from taking effect.

Specifically, amici take issue with the enforcement of the CARE Act’s provisions that permit the state to involuntary place individuals in coercive treatment programs, because the Act will disproportionately impact unhoused people with mental health disabilities, and particularly Black and brown people for discriminatory and disproportionate law enforcement; burdensome judicial hearings; and deprivations of liberty. The amici ask that the Court grant the writ of mandate in Disability Rights California v. Gavin Newsom.

“This case presents a pressing issue with wide-reaching impact. The CARE Act poses unacceptable threats to the civil rights of unhoused Californians living with mental disabilities and will further entrench racial disparities in healthcare and in the criminal legal and civil commitment systems. Coerced treatment is ineffective and only serves to divert resources away from actual solutions: funding voluntary services and affordable housing,” said Sheppard Mullin partner Neil Popović, who is serving as lead counsel.

In addition to Popović, pro bono partner Dan Brown and associate Kunchok Dolma are members of the team.

Read the full amicus letter here.

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