Judge warns he’ll revive order to remove homeless from near LA freeways

After a hearing that he warned was just a precursor to a more detailed autopsy of elected officials' efforts to ease the homeless crisis in Los Angeles, a federal judge on Wednesday issued a minute order saying he likely would reinstate an injunction that forces the city to immediately relocate people living near freeways.

The order came around the same time that the plaintiffs -- businesses, property owners and homeless people -- filed a request for default judgment against Los Angeles County, saying its lawyer failed to file a response to the complaint after unsuccessfully trying to get the county dismissed from the litigation.

That lawyer, Skip Miller of Miller Barondess LLP, said he was surprised by the application for default and that he had requested an extension. The answer would be filed late Wednesday, he said.

LA Alliance for Human Rights sued the city and the county in March 2020 to force clean up of what has become a sprawling homeless encampment across Los Angeles. The alliance is represented by Elizabeth A. Mitchell of Spertus Landes & Umhofer LLP.

U.S. District Judge David O. Carter issued two injunctions, one forcing the immediate cleanup near freeways and a second, more extensive one that requires the officials to immediately deposit $1 billion into escrow to be spent on housing and services and to clean up the downtown skid row area by October.

Wednesday's hearing centered on a deal struck between the city and county last June in which the city agreed to provide 6,700 beds and the county agreed to pay. Carter showed up -- as he has in previous hearings -- ready to unload on the elected officials he says aren't doing enough to comply with his orders. He displayed several photos of the downtown area near where the Oscar ceremony was held last month and wondered aloud why the rest of the city couldn't be made to look as clean as the red carpet swaddled sidewalks leading to Union Station.

"I want to show you what you're apparently capable of doing," Carter said. "I want to show you your overpasses leading up to the Academy Awards for a moment. It's a clear shot of downtown on the way to the Academy Awards. I represent to you this was clogged with homeless tents a short time before the Academy Awards. If you don't know that, you don't know Los Angeles."

He said he wants another progress report on removal of people living within 500 feet of freeway ramps at an Aug. 26 hearing. "At that time, the court will further consider whether to reinstate its May 22, 2020 preliminary injunction," Carter wrote in his order after the hearing.

Carter kicked off the hearing by reading his May 22 order out loud after remarking: "Many of you literally aren't reading the court's orders apparently."

The judge stated 396 people prioritized for housing have been given beds, while 1,343 people not prioritized have received beds instead. The judge berated Scott A. Marcus, senior assistant city attorney, asking if he could provide permits from the city that states it is safe for people to reside near freeways.

"Is the city willing to bring the court a permit to allow people to inhabit underneath the freeway system?" Carter demanded.

While he cannot control the first two leading causes of death among homeless people -- heart attacks and drug overdoses --

Carter said he believed he could control the third: getting hit by a vehicle. He then pointed out the city and county promised to complete their bed deal within two weeks, which turned into four months.

He then displayed another series of photos of streets that were not used for traveling to Union Station for the Academy Awards. Those photos depicted tents everywhere. Some photos depicted the sides of freeway ramps that had burned, covered in ash.

Carter repeatedly asked Heidi Marston, executive director for Los Angeles Homeless Service Authority, who made the decision to clear out streets before the Academy Awards and how it was done. Marston said her office did the outreach and told clients the area would be closed for the awards show but initially said she didn't know who made the decision.

"Ah, the mystical Wizard of Oz," Carter retorted. The judge said he didn't hear of any arrests or citations issued during the temporary relocation process.

"Why did we cover up this humanity and inhumanity to the very people in Hollywood who have a heart and might see this, and be the most capable and able public figures?" Carter asked.

Carter then flashed another photo of a tent shelter erected by a woman near the 110 freeway on-ramp. He said she had stated she was protected from potential rapists, due to the location and busy traffic.

"I'm going to challenge you to get out of your offices instead of being lawyers coming into my court, and take a look at this first hand who haven't seen this," Carter sternly told counsel.

The hearing was to resume Thursday. Carter told counsel to be prepared to provide details on their progress in cleaning up skid row. The case is LA Alliance for Human Rights et al. v. City of Los Angeles et al., 2:20-CV-02291 (C.D. Cal., filed March 10, 2020).