Los Angeles homeless injunction paused for a month

A 9th U.S. Circuit Court of Appeals panel on Thursday delayed by a month a federal judge's order that the city and county of Los Angeles take several dramatic steps to solve the homeless crisis.

"We find that a brief administrative stay is warranted to preserve the status quo until the district court's May 27, 2021 evidentiary hearing as these further proceedings may impact whether a stay pending appeal is necessary or justified," the panel wrote in a 5-page order.

U.S. District Judge David O. Carter of the Central District of California last month issued a sweeping preliminary injunction that ordered the city and county to provide shelter for skid row's general population by October. The city was ordered to immediately deposit $1 billion into an escrow account, so the judge could monitor how the money was being used to address homelessness. Carter also banned the city from making any transfers of its properties.

The judge set a hearing for May 27 to discuss systemic racism that Carter said is the root of the homelessness crisis. The defendants sought a stay of the order pending appeal, which Carter denied on April 25.

Thursday's 9th Circuit's stay, issued by Judges M. Margaret McKeown, Marsha S. Berzon and Danielle J. Hunsaker, does not address any views on the merits of the case or a likelihood of success of the governments' appeal.

The parties have until June 3 to submit extra briefing to the 9th Circuit. The panel said it would be helpful to get parties' views on how the May 27 hearing goes and how it might impact the appeal.

"Stays of this nature are highly unusual," said Skip Miller of Miller Barondess, who represents the county. "We look forward to a full briefing on the merits and, we hope, a ruling by the Ninth Circuit overturning the preliminary injunction. It's contrary to law, and more importantly, it would disrupt the County's ongoing regional efforts with its partners to address this humanitarian crisis."

The county on Tuesday lost its bid to get out of the lawsuit; Carter said he refused to believe it didn't play a significant role in contributing to the homeless crisis.

Matthew D. Umhofer of Spertus Landes & Umhofer represents the plaintiffs, a group of property and business owners and unhoused individuals that call themselves LA Alliance. Umhofer maintained he believed Carter did the right thing with his preliminary injunction.

The case is LA Alliance for Human Rights et al v. City of Los Angeles et al., 2:20-CV-2291 (C.D. Cal., filed March 10, 2020).