Case 3:23-cv-01999-WHO Document 30 Filed 04/30/23 Page 1 of 24

1 BARBARA J. PARKER, City Attorney, SBN 069722

MARIA BEE, Chief Assistant City Attorney, SBN 167716
2 JAMILAH A. JEFFERSON, Supervising Deputy City Attorney, SBN 219027
JORDAN FLANDERS, Deputy City Attorney, SBN 306707
3 One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
4 Telephone: (510) 238-7686; Fax: (510) 238-6500
Email: jjefferson@oaklandcityattorney.org
5 X05494/ 3266518

6 Attorneys for Defendants

CITY OF OAKLAND
7

9 UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA
11 SAN FRANCISCO DIVISION
12
JESSICA BLALOCK; LYDIA BLUMBERG; Case No.: 23-cv-01999 WHO
13 LISA GRAY-GARCIA; and YESICA PRADO,

14 Plaintiffs,
DECLARATION OF LATONDA
15 v. SIMMONS IN SUPPORT OF
DEFENDANT CITY OF OAKLAND
16 OAKLAND POLICE DEPARTMENT; RESPONSE IN OPPOSITION TO
CAPTAIN BURCH; LATONDA SIMMONS; PLAINTIFFS’ MOTION FOR
17 and CITY OF OAKLAND, TEMPORARY RESTRAINING ORDER
18 Defendants.
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DECLARATION OF LATONDA SIMMONS
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1 I, LATONDA SIMMONS, declare as follows:

2 1. I am an Assistant City Administrator for the City of Oakland (“City”). I have

3 been employed with the City since May 2003. I have been the Assistant City Administrator

4 since June 2020. The matters set forth herein are known to me to be true and, if called upon, I

5 would competently testify thereto.

6 2. As the Assistant City Administrator, I have many responsibilities including

7 overseeing the general affairs of the City of Oakland, City Department, Special Projects, and

8 Division Operations in the Office of the City Administrator.

9 3. I am currently acting as the Homelessness Administrator. I report directly to the

10 Interim City Administrator, Steven Falk. I am directly involved in the day-to-day coordination of

11 encampment closure and cleaning activities, coordinating homelessness services, and policy

12 work citywide.

13 4. I am hopeful that the Court will review the contents of my prior declaration in this

14 litigation as well as my prior declarations in the related litigation Janosko v. City of Oakland, for

15 background and context related to the conditions across the 1707 Wood Street encampment and

16 adjacent right of way, the City’s outreach efforts to the 1707 Wood Street community for shelter

17 and other resources, details about the new Wood Street Community Cabin site and new 66th

18 Avenue RV Safe Parking site, the City’s posted notices related to the ongoing closure operation,

19 and the City’s Encampment Management Policy and Standard Operating Procedures. Unless
20 helpful for clarity, I will avoid repeating what is already included in the file of that case. Instead,

21 I will focus the contents of this declaration on the Plaintiffs’ most recent motion for a temporary

22 restraining order regarding media access to the City’s closure of the 1707 Wood Street

23 encampment.

24 Media Access at Routine Closures

25 5. During routine encampment closures the sites are not restricted to the public or

26 media. Many encampments exist in the City’s right-of way (sidewalks and streets), are not

27 fenced, or otherwise “enclosed.”

28 6. At most routine encampment cleanings and closures there may be no reporters or

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1 journalists present at any time. The City has more than 400 documented homeless encampments

2 and it is unusual to see the media at most cleanings or closures. If the press appears at a routine

3 encampment intervention, their access is not limited except directly in front of or on the

4 equipment that Public Works has on site for the cleaning.

5 7. The Department of Public Works (OPW) and/or Oakland Police Department

6 (OPD) routinely uses yellow “caution” tape or orange mesh fencing around the immediate work

7 area within an encampment to alert individuals to the existence of the active machinery and

8 movement of large/sharp/hazardous items including waste or trash in the work zone. Outside of

9 this work area, the public and media are allowed elsewhere on the site.

10 8. At a routine closure or cleaning, I am unaware of any specific complaints from

11 the media that they have been unreasonably or unconstitutionally restricted.

12 Wood Street – Unrestricted Access (April 10-19)

13 9. The City anticipated the Wood Street community to resist the closure. As the

14 Court is aware, Caltrans closed a large portion of the Wood Street encampment on their parcels

15 last summer/early fall in 2022. Caltrans was met with active and violent resistance from

16 individuals who were living on the site and did not want to move. Many of these individuals

17 appeared in Court hearings and were very vocal about their circumstances. Many of the

18 individuals displaced from the Caltrans parcels relocated on City streets and, ultimately, to 1707

19 Wood Street. The Wood Street community considers the closure of the 1707 Wood Street parcel
20 to be the end of their community as they know it.

21 10. The Wood Street community and their advocates have appeared at City Council

22 meetings, on social media, in the press, and in community meetings to express their intention to

23 actively and continuously resist the City closing Wood Street.

24 11. Despite having this knowledge, the City did not initially approach the Wood

25 Street closure with a “heavy” or restrictive strategy. The City commenced the closure on April

26 10 in the right-of-way only (Wood Street between 17th Street and 20th Street). Clearing the right-

27 of-way enabled the City’s equipment and machinery to access the parcel where most individuals

28 live, and hundreds of tons of trash and debris existed.

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1 12. The City closed 18th Street and 20th Street between Wood Street and Campbell

2 Street to all public vehicle traffic to ensure public safety and ease for the City’s equipment to

3 enter the area. The City did not initially place fencing on the parcel or block off all access to

4 Wood Street. The City attempted an approach that was very similar to its routine closures.

5 13. These areas were not restricted. Members of the public were able to walk through

6 the area to pass from one side of Wood Street to the other side of Wood Street. However, City

7 staff and OPW crews quickly realized that the unrestricted access was problematic and would

8 hinder the cleaning.

9 14. On several occasions, I requested that members of the public move out of the

10 immediate work area for their safety. Members of the public were moving in and out of the

11 immediate work area without regard for announcements that work was commencing, work zone

12 designations, or the set up of heavy equipment such as moving packers, dingos, and front

13 loaders. They were within several feet of the machinery. Members of the public were walking

14 onto Wood Street from 17th Street onto Wood Street, from 18th Street onto Wood Street, and

15 from 20th Street down Wood Street to the corner where City crews commenced initial work.

16 Media Access (April 10-19)

17 15. As discussed above, the City did not restrict access to the parcel and the right-of-

18 way. Members of the media were consistently present within the working areas.

19 16. The City designated an area for the media on 20th Street and Wood Street that was

20 out of the vicinity of the machinery and heavy equipment. The area was also away from the

21 active protestors. However, individuals who appeared to be reporters and journalists were not

22 “stationary” in any particular location at the site. They “roamed” the entire area unhindered and

23 unrestricted. A true and correct copy of a photograph of individuals with cameras and phones

24 standing in and around the work site on April 12 is attached as Exhibit A.

25 17. Even as the City began to increase the designated “work zone” on the corner of

26 18th Street and Wood Street due to safety concerns, members of the media and legal

27 representatives were actively walking in the work zone. I observed Osha Neumann (an attorney

28 and individual who submitted a declaration in support of plaintiffs’ TRO motion) and his

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1 mobility assistant enter the work zone, take a seat on a plastic picnic chair and express to crews

2 that the site was unsafe.

3 18. The City held a press conference on April 10 at the corner of 18th Street and

4 Wood Street a few hours after crews started working. I was speaking at the press conference. I

5 was heckled, shouted at, and disrupted throughout my several minute conference. The Court can

6 view a clip of the City’s press conference here:

7 https://www.youtube.com/watch?v=pftf_EmPjMA (ABC coverage) or here (video taken by PIO

8 team: https://youtube.com/shorts/JlZ4DpWyM4A?feature=share

9 19. Despite the constant disruption and moments of feeling unsafe given the close

10 proximity of those shouting (within a few feet of me), the media, reporters, journalists, and

11 advocates were not prevented from attending (or shouting) at the press conference.

12 Interference, Obstruction, Intentional delay tactics, Violence

13 20. I witnessed people with cameras (who may have been reporters or journalists but

14 the City was not checking identification or credentials at that time) deliberately slowing down in

15 front of City equipment, stopping for several minutes at a time, then walking back again and

16 again. I recognized this behavior to be attempts to slow or stop the City’s work.

17 21. Individuals could freely pass through both sides of Wood Street throughout the

18 first week of operations. OPW staff attempted barricade set up at the 18th and Wood Street

19 location but individuals began grabbing the fencing from staff to prevent completion of set up.
20 Then orange mesh material was set up to create separations between individuals viewing

21 operations and working staff. The orange mesh barrier was completely removed by individuals

22 who gathered the material and carried it into the parcel. OPD established a physical line to allow

23 set up of low barricades around working equipment in the right of way, but OPD officers would

24 freely let individuals pass through despite several episodes of obstruction and violence. This

25 created dangerous situations for City staff, protestors, and those living in the encampment.

26 22. On April 12, approximately a dozen protestors and individuals living in the

27 encampment began piling debris and other bulky items and furniture in the right-of-way to

28 impede the access of City equipment. A true and correct copy of a photograph depicting the

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1 items placed in the right-of-way is attached as Exhibit B.

2 23. OPW crews attempted to continue working around the protestors, to the extent

3 they could do so safely. However, on the morning of April 12, an individual repeatedly situated

4 himself to prevent the equipment set up and other times on the ground underneath a packer to

5 prevent it from moving. On the afternoon of April 12, the two protestors completely stopped

6 work by sitting inside an OPW packer for over 2 hours despite requests by staff and OPD to

7 move. I also witnessed several individuals sitting atop a City dingo for approximately 90

8 minutes. A true and correct copy of photographs depicting the individuals blocking the

9 equipment on April 12 is attached as Exhibit C.

10 24. That same day, I witnessed several individuals living on the parcel, protestors,

11 and individuals with cameras (who may have been reporters or journalists but the City was not

12 checking identification or credentials at that time) pressing their bodies against the fence along

13 the 1707 Wood Street parcel to prevent OPD officers from entering the parcel. One individual

14 lifted a bucket cleared to be containing feces and threatened to dump it on the officers. The link

15 to the video taken by Amauri Collins-McMurray, the Deputy Homelessness Administrator, may

16 be accessed by the Court here: https://youtu.be/P4OfESR6Kfc .

17 25. On April 12, I learned of an assault on a police officer. Officer Gilbert Aranda

18 was hit in the forehead by a metal pipe. This incident occurred while law enforcement officers

19 were trying to erect and maintain the placement of security fencing to enable City crews to
20 continue safely working.

21 26. On Sunday April 16, I was made aware of a serious threat that members of the

22 Wood Street encampment were planning to escalate to using Molotov cocktails. Following this

23 threat, the City Administrator directed that OPW should avoid further attempts to enter the 1707

24 Wood Street parcel until the EMT and OPD could devise a plan to better ensure the safety of

25 City staff and those living in the encampment.

26 Wood Street – Restricted Public Access (April 20 – present)

27 27. On April 20, in order to address the safety concerns, serious threats to the safety

28 of the City crews and the public, and to prevent delay and obstruction, the City increased its

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1 officer presence to ensure the ability to establish work zones with temporary fencing that it

2 erected and completely closed a segment of the parcel, Wood Street, and the adjacent side streets

3 to the public (both vehicle and pedestrian traffic).

4 28. Once the City closed the entire area to the public, media were likewise prevented

5 from entering the site. However, as the City had done on April 10 when the closure commenced,

6 the City designated an area at 20th Street and Wood Street at the fence line (but inside the

7 restricted area) for the media.

8 29. Once the City closed the site to the public and increased its law enforcement

9 presence, it was able for the first time in nearly two weeks (and one day before the previously

10 scheduled completion date of the closure on April 21) to “breach” the fence on the perimeter of

11 the 1707 Wood Street parcel and direct crew (and machinery and equipment) onto the site to

12 begin trash and debris remove and expedite process on the parcel given the days of delay. A true

13 and correct copy of a photograph depicting Plaintiff Jackson Blain blocking the equipment and

14 attempting to prevent crews from breaching fence on April 27 is attached as Exhibit D.

15 30. City crews were able to breach the fence surrounding the parcel and begin to clear

16 the parcel because it was finally able to thwart obstruction and interference, individuals blocking

17 and laying on the equipment, and individuals using their bodies to prevent less sturdy fencing

18 from standing.

19 31. Law enforcement and City administration is using extreme caution and are giving

20 individuals the greatest latitude to express their viewpoints while attempting to maintain safety.

21 As Mr. Neumann has indicated in his declaration, the City is aware that individuals have entered

22 the site and come close to the working equipment. City noticed work schedules do not allow for

23 continuous closure of the parcel and rights of way areas of Wood and nearby streets before

24 designated start times or for hours after work shifts. City resources also do not allow for

25 complete surveillance of the entire three-acre parcel and the City is not able to intercept every

26 individual who is determined to circumvent the perimeter and come near equipment. But closure

27 of the site is still necessary to prevent the obstruction, delay, and violence experienced when the

28 site was open. A true and correct copy of a photograph depicting individuals blocking the

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1 equipment at the far rear of the Wood Street parcel near the Caltrans parcel and freeway overpass

2 on April 27 is attached as Exhibit E.

3 Media Access (April 20-25)

4 32. On April 20 and April 21 (Thursday and Friday), media was directed to an area at

5 20th Street and Wood Street and anywhere along the fence line at Raimondi Park. I attached

6 photographs of the vantage point from the park fencing to my declaration submitted on April 27.

7 The fence of the park is no more than 75 feet from the fenced perimeter of the parcel – and likely

8 much closer. On April 20 and 21, the media did not request and was not given any escorted tours

9 within the work zone.

10 33. I was unaware that plaintiffs or other members of the community planned a press

11 conference on April 24. I understand that plaintiffs are accusing the City of “censoring” the

12 press conference because individuals planned to (more) vocally denounce the City’s efforts to

13 close the encampment. I understand that plaintiffs believe they were prevented from accessing

14 the site because of their views and the content of their message. This is untrue.

15 34. Consistent with City policy for noticing of encampment closures, the City posted

16 notices on April 17 to continue the closure beyond April 21. The notices that were posted on

17 April 17 indicated that the City would continue to close the encampment from April 24-29

18 commencing between 8 a.m. -12pm each morning. A true and correct copy of the notice to

19 vacate posted on April 17 is attached as Exhibit F.

20 35. If the City commences its cleaning operations at 8 a.m., security fencing must be

21 in place before that time. Unfortunately, without any prior knowledge about the press

22 conference and given a restricted site where the PIO team had not yet arrived, the press

23 conference did not happen. I assure the Court that the City’s decisions were not content based.

24 36. On April 24 and 25 (Monday and Tuesday), the City’s administration and PIO

25 team discussed ways to give the media greater access to the parcel. I understand from the PIO

26 team that, on these days, individuals claiming to be media complained about inconsistent access

27 to the site. The City developed a protocol to address these concerns.

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1 Media Access – Escorted Protocol

2 37. The policy was designed to very specifically address the concerns at Wood Street.

3 The policy allows a broad range of press to access the restricted parcel during escorted visits

4 from the time work commences to the time work ends. Although the policy limits escorted visits

5 to a minimum of 30 minutes, so far, all escorted visits have lasted longer. The PIO team will

6 accommodate longer visits to the extent the visits do not unreasonably interfere with the City’s

7 operations, the safety of the staff and individuals living in the encampment, and the ability of all

8 press present to receive an escorted visit.

9 38. The press is still able to view the site at either side of Wood Street (on 18th Street

10 or 20th Street) and along the Raimondi Park fence line (which extends the entire length of the

11 parcel from 18th Street to 20th Street).

12 39. Individuals inside the encampment are able to speak to reporters at the fence line

13 or outside of the work zone at any time.

14 40. Although I am aware of a few media individuals that were upset that they were

15 not let in after the site was closed on April 20, I believe that the media policy designed for these

16 circumstances still allows ample avenues for media coverage and appropriately balances the

17 City’s significant interest in clearing the site, as safely as possible, to allow for a 170-unit

18 affordable housing development.

19
20 I declare under penalty of perjury under the laws of the State of California and United

21 States of America that the foregoing is true and correct. Executed this 30th day of April 2023, in

22 Oakland, California.

23

24 _________________________________
LaTonda Simmons
25

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1 CERTIFICATE OF SERVICE
Blalock, et al. v. Oakland Police Dept., et al.
2 United States District Court Case No. 23-CV-1999 WHO
3 I am a resident of the State of California, over the age of eighteen years, and not a party
to the within action. My business address is City Hall, One Frank H. Ogawa Plaza, 6th Floor,
4 Oakland, California 94612. On the date set forth below, I caused service of the foregoing
documents:
5
DECLARATION OF LATONDA SIMMONS IN SUPPORT OF
6 DEFENDANT CITY OF OAKLAND RESPONSE IN OPPOSITION TO
PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER
7

8 ☒ By email transmission. Based on an agreement of the parties to accept service by email

transmission, I sent the documents in PDF format to the person(s) at the email addresses
listed below.
9
☒ By e-service. I submitted the documents for filing to an E-Filing Service Provider,
10 which in turn files the documents and serves them via email at the e-mail address(es)
listed in the court’s Electronic Mail Notice List.
11
Anthony D. Prince Yesica Prado
12 Law Offices of Anthony D. Prince 1349 Hearst Avenue
2425 Prince Street, Ste. 100 Berkeley, CA 94702
13 Berkeley, CA 94705 Email: yesica.prado13@gmail.com
Email: princelawoffices@yahoo.com Tel.: (773) 751-9522
14 Tel.: (510) 301-1472

15 Attorney for Plaintiff Jessica Blalock PRO SE

16 Lydia Blumberg Lisa Garcia
3126 Shattuck Ave. No information provided.
17 Berkeley, CA 94705
Email: None PRO SE
18 Tel.: (415) 570-1945
19 PRO SE
20
Courtesy copies to:
21

22 HUNTER PYLE, SBN 191125 BRIGITTE NICOLETTI, SBN 336719

HUNTER PYLE LAW EAST BAY COMMUNITY LAW CENTER
23 505 14th Street, Suite 600 2921 Adeline St.
Oakland, CA 94612 Berkeley, CA 94703
24 Tel: (510) 444-4400 Tel: (510) 548-4040
Email: hunter@hunterpylelaw.com Email: bnicoletti@ebclc.org
25

26 Executed on April 30, 2023, at Oakland, California.

Digitally signed by Cynthia Andrada
27 Date: 2023.04.30 16:40:36 -07'00'

CYNTHIA ANDRADA
28

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EXHIBIT A
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Journalists and people with phones in the work site near equipment (April 12)
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EXHIBIT B
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EXHIBIT C
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Plaintiff Jared DeFigh blocking equipment on April 12

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EXHIBIT D
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Plaintiff Jackson Blain blocking equipment at a parcel fence on April 27

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EXHIBIT E
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Plaintiff Jackson Blain and other individual blocking equipment at back of parcel on April 27
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EXHIBIT F
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