Charge in ‘Tent City’ Protest Dropped

A misdemeanor trespassing charge filed against an activist for the homeless who refused to vacate a makeshift “tent city” was dropped Wednesday.

Larry Milligan, who heads Homeless Americans, Businesses & Individuals Taking Action, or HABITA, appeared in court, only to be told by a bailiff that the charge had been dropped.

Milligan was taken into custody by police Aug. 26 after he refused to leave a makeshift tent city that had been erected by homeless people to protest a lack of shelter space in San Diego.

About 75 people were squatting on a city-owned parking lot near Balboa Park when a dozen police officers moved in to sweep the area of the homeless and their 40 tents erected the day before.

The sweep was mostly peaceful, and the homeless left of their own accord. Milligan was the only person arrested.

He said Wednesday that he was considering whether to file a lawsuit against the city for false arrest.

“I have to consider some form of action because we can’t just let this go,” Milligan said. “I was looking forward to pleading innocent, going to trial. I wanted to subpoena city officials.”

David James, assistant chief deputy for the city attorney’s office, said the city made the motion to dismiss on behalf of Mark Battaglia, owner of a parking company that leases the lot where the tent city was erected.

Battaglia, who owns Parking Company of America, could not be reached for comment.

Battaglia had signed a police complaint about the squatters, prompting officers to clear the camp. He said in August that he signed because he was afraid his company would be held liable for injuries or accidents that occurred on the property while the company holds the lease.

Battaglia in the past has suggested that the city could end his company’s lease agreement and use the lot as a permanent site for the homeless because it’s rarely used by the public and not profitable.

HABITA formed the tent city because the City Council on Aug. 3 postponed a vote on whether to declare a shelter crisis in the city. A crisis declaration is a legal maneuver under state law that would give the city enhanced immunity from lawsuits and would permit new shelters to be established without strict adherence to certain health and safety standards.

The council is scheduled to discuss the issue again Oct. 5.