Tamarind Square locked to protect public

Dass, who joined the Port-of- Spain City Corporation (POSCC) as an inspector on June 1, 2015, testified before Justice Eleanor Donaldson-Honeywell in a lawsuit brought against the corporation by a homeless man, who is challenging a decision to lock him and other homeless people out of Tamarind Square at nights.

Dass provided the corporation with monthly inspection reports of the public spaces to which he was assigned as a public health inspector.

He was questioned on his reports for the period July 2015 to December 2016 by Senior Counsel Christopher Hamel-Smith, who represents Hugh Bernard, who has made Tamarind Square his home.

According to Dass’ reports, it appeared that only when four of the five gates at the square were locked after a perimeter fence was erected, were there illegal structures erected by the homeless.

He also testified in his affidavit that after the square was fenced, the “homeless took over” and the square was no longer available to pedestrian use once the gates were locked. Dass also noted in his reports that some of the grassy areas of the square were blocked by the homeless and there was an accumulation of debris.

He admitted there were no toilets at the square.

During her testimony two weeks ago, chief executive officer of the POSCC Annette Stapleton-Seaforth said the corporation did not lock four of the five gates to the square but received it that way from the contractors who erected the fence. She also said the corporation will not be locking the fifth gate at Tamarind Square to restrict access to the public, including the homeless.

In her affidavit, she said the action taken to lock the four gates was to protect the public from grossly unsanitary conditions and due to health, safety and environment concerns.

She, however, could not say if keeping the four gates locked addressed the public health concerns of the corporation.

Based on Dass’ reports, the problem of garbage, urine and other bodily smells and the erection of unauthorised structures continued after the four gates were locked.

The trial continues on May 25, when lawyers are expected to return to answer any questions the judge may have based on their submissions which are to be filed in late April and May. In the lawsuit, Bernard claimed the homeless were adversely affected by the corporation’s decision to place locks on the gates was to deny them and other members of the public entry into the square.

In December of 2015, the corporation erected a fence around the perimeter of Tamarind Square, and towards the end of January, locks and chains were placed on the gates.

Four of the five gates around the square have been locked and the fifth gate has a padlock but has not yet been locked as the others.

The lawsuit contended that if this fifth gate to Tamarind Square was locked, the socially displaced will have nowhere left to go.

Bernard argued that it was unfair to him and the other homeless people that they will be denied entry into the square without any alternative arrangements being made to accommodate them.

He also sought to have the court make an order requiring the City Corporation to leave the gates open until viable alternatives are made for them and that tents and portable toilets be placed in the square.