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8:18-cv-00155-DOC-JDE Document 340 Filed 09/23/19 Page 14 of 20 Page ID <br />#:3763 <br />1 processes to be set by the Court, and'the Court will have jurisdiction to resolve that <br />2 Dispute, if the Dispute -involves an emergency situation'that presents a threat to the <br />3 immediate health and safety of.an individual,the parties may.seek expedited review <br />4 by he Court. <br />5 5.4 The .fact that, a, person has initiated the Dispute -Resolution <br />6 Process. shall not impact the City right to. enforce any law against that person,. <br />including issuing. citations to the person;, concurrently with the Dispute -Resolution <br />8 <br />Process. However, the City agrees that no custodial arrest will be made for a <br />9 <br />violation.of the anti -camping, loitering, .aAd' ixnilar laws arising front, an <br />10 <br />individual.'s status as homeless prior to the exhaustion of the Dispute -Resolution. <br />11 <br />1 .Process with the Court pursuant to Section 5.3 of this Agreement. in circumstances <br />13 mvolying. citation;'.the Court may issue an order .directing the. City to stay'the filing <br />14 of formal charges against the homeless individual. until the Dispute -Resolution <br />Dispute-Resolution <br />Process has been completed for that.Dispute. The City -agrees not to contest such a <br />16 request for a brief stay of the filing ofcbarges. Once the Dispute -Resolution <br />17 Process has coheludod regarding -an issue, the City will:not be required to await <br />18 07h4ustion of the Dispute -Resolution Process regarding the same issue and the same' <br />19 individual prior to a custodial arrest where the.iudividual does not comply with a <br />20 warning or leave once a citation has.been.issued, provided' he:City complies with <br />21 1 the Cou&s determination of that same issue. for that same.indiv i.dual. For purposes <br />�2 of the. Section 5.4, "same issue" refers to. an issue determined by the Court in. the <br />23 Dispute -Resolution Process where the individual's objections, including. any claim <br />24 of alleged disability,, physical limitations and the offered platement.are substantially <br />25 similar for purposes of deteMlining whether. the individual's disability or other <br />26 objection is being reasonably accommodated. <br />27 5..5 In. resolving any Dispute, the Court may enforce any rights <br />28 <br />available to a party under this Agreement, subject to. sufficient notice, opportunity. to <br />I1 <br />