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Demand to Stop the Unlawful Discrimination Against Individuals with Disabilities <br />and Request for Reasonable Accommodation <br />Page 7 of 11 <br />with mental health disabilities who are home►ess will have a significantly lower <br />chance of accessing the services they need to live. See e.g. Bloom v. City of <br />San Diego, 2018 WL 9539238, at *4 (S.D. Cal. 2018) (denying motion to <br />dismiss where individuals with disabilities alleged that enforcement of anti -RV <br />camping ordinance disproportionately harmed people with disabilities who are <br />homeless). <br />The Ninth Circuit has recognized that even neutrally applied nuisance <br />ordinances can violate the Americans with Disabilities Act when they fail to <br />accommodate people with disabilities or unduly burden people with disabilities. <br />See e.g McGary v. City of Portland, 386 F.3d 1259, 1264-1270 (9th Cir. 2004) <br />(find►ng that the plaintiff adequately stated a claim under Title II of the ADA <br />because the city failed to reasonably accommodate his disability by denying <br />him additional time to participate in the nuisance abatement program without <br />incurring charges.) Here, the City's attempt to shut down the South Main Street <br />Site and have it declared a nuisance, would unduly burden and <br />disproportionately affect people with mental health disabilities because they are <br />the ones accessing the Site's mental health programs. In order for individuals <br />with disabilities to maintain the mental health treatment and the services to <br />manage the symptoms of their disabilities, the City needs to encourage more <br />services, such as the services provided at the South Main Street Site. <br />H <br />