Homeless people living on Hunnell and Clausen roads just north of Bend are challenging an upcoming sweep in court.

The three homeless people who are named as plaintiffs have disabilities and require special accommodations, according to documents filed in Deschutes County Circuit Court Wednesday. They argue the city of Bend used inaccurate data when officials decided the area needed to be cleared of people, tents and vehicles. They also say the city will cause homeless individuals “irreparable injury.”

Ultimately, the plaintiffs want the court to prevent the city from clearing Hunnell and Clausen roads, which is scheduled for Monday.

The plaintiffs are three homeless individuals — Myntora Aguilar, Michelle Hester and Nicholas Schindler — and Charles Hemingway, a local advocate. The 28-page motion was filed against 10 city officials: the mayor, each city councilor, the city manager, the transportation director and the police chief.

Assistant City Attorney Ian Leitheiser confirmed in an email that the city was aware of the motion, but declined to comment further.

Aguilar, Hester and Schindler all have disabilities under the Americans with Disabilities Act, according to the suit, and all of them live in RVs or trailers on Hunnell Road or Clausen Road.

Aguilar, a 34-year-old member of the Confederated Tribes of Warm Springs, lives in a trailer with her 8-year-old son on Clausen Road. That’s where she receives her healthcare, food and resources, she told The Bulletin Wednesday. It’s where her community is and where she feels safe.

“It’d be nice if they had somewhere for us to go,” Aguilar said.

The motion said being displaced means she will be disconnected from service providers and her community.

Hester, 53, lives in a non-working RV on Hunnell Road. She has complex post traumatic stress disorder, bipolar depression and a traumatic brain injury from being beaten years ago, the motion said. She has been outspoken about her and others not having a place to go in the event of the sweep.

“This isn’t camping,” Hester told The Bulletin. “We’re just trying to survive.”

Schindler, a 38-year-old traveling pastor, lives on Clausen Road in an RV with his wife. He is HIV-positive, has a bipolar diagnosis and has physical disabilities from a 2014 car accident, the motion said. Having to move could cost him his RV, his wife’s job and access to needed medicine, according to the motion.

Fourteen homeless people who are expected to move as a result of the impending sweep have filed disability accommodation requests with the city of Bend’s equity and accessibility department, according to Hemingway.

The city’s accessibility and equity manager Cassandra Kehoe confirmed in an email that the city received several requests Wednesday afternoon.

“They are asking for more time to move due to disabilities,” Kehoe said. “The city is obligated under the Americans with Disabilities Act and city code and policies to consider reasonable modification requests, but is not necessarily required to grant every request.”

Hemingway said there are more requests on the way.

“Our fear was that the city would not pay attention to these requests that these people submitted today,” he said.

Hunnell Road resident, Cheryl “Shadow” Voneps, who has Multiple Sclerosis, plans to submit one, too.

She lives in her van, which is mostly operable, on Hunnell Road, and she has witnessed the city’s multiple attempts to remove people from Hunnell Road. She has been trying to convince people that things are different this time.

“This time they’re going to snap their fingers and you gotta go. And that’s it,” she said. “And I’m just going, where?”

The city initially determined Hunnell Road was unsafe for human habitation in December, citing nearby road construction projects and an increase in reported crime in the area. It was scheduled to be cleared in March, but the city postponed that plan to allow for a joint city-county managed campground — a place for people to go. The sweep was then postponed indefinitely after county commissioners withdrew their support for the managed camp.

In June, city officials announced their intention to clear the Hunnell Road area, again citing an increase in reported crime, which led to a protest at city hall and Wednesday’s court action.

Myntora Aguilar, 34

Myntora Aguilar is a Native American member of the Confederated Tribes of Warm Springs who has disabilities under the Americans with Disabilities Act. She is homeless, does not have a phone and is living in her trailer on Clausen Road with her 8-year-old son.

If displaced, Aguilar will lose the help of tribal community members who visit her trailer to help care for her son, as well as the service providers who supply them with food, clothing and other necessities. If she is forced to relocate, without a phone, she will have no way to contact her tribal members or service providers.

Michelle Hester, 53

Michelle Hester is a homeless individual who has disabilities under the ADA and is living on Hunnell Road in her broken-down RV with her dog.

Hester has invested in repairs to her RV and needs more time to acquire the expensive parts needed to get the RV working. The city’s decision to clear the Hunnell/Clausen area will result in Hester losing her RV and being forced to live on the street without her possessions. 

Hester has complex post-traumatic stress disorder from past trauma, traumatic brain injury from past abuse, bi-polar disorder, depression and suicidal ideations. She stated her pre-existing conditions have worsened with the city’s announcement. If displaced, she fears for her life.

Nicholas Schindler, 38

Nicholas Schindler is a homeless individual who has disabilities under the ADA and is living in his RV with his wife, who is employed, on Clausen Road.

Schindler states he has HIV-positive status, bipolar disorder, an arthritic condition in both hips and physical disabilities from a car accident in 2014, for which he has a service dog.

If displaced, Schindler will not be able to access his HIV medication in a timely manner, as he currently receives it at an established location on Clausen Road. He will lose his RV, which he spent more than $10,000 fixing, leaving Schindler and his wife with no place to live. Being forced to relocate immediately could also cost Schindler’s wife her job.

–Sukhjot Sal, The Bulletin