City can’t shut shelter it says is growing crime hub, judge rules

A federal judge told the City of Orange on Friday that it cannot shut down a homeless shelter after the city said it had violated an agreement by not keeping the area clean and safe.

U.S. District Judge David O. Carter said the clients of the shelter, Mary's Kitchen, would suffer irreparable harm made even worse by the pandemic if the city terminated the agreement. Mary's Kitchen et al v. City of Orange, 8:21-cv-01483, (C.D. Cal., filed Sept. 9, 2021).

Mary's Kitchen alleged in a lawsuit and petition for injunction last week that the city issued a termination notice without authority in violation of an agreement that was to last until 2024.

The city, represented by Seymour B. Everett of Everett Dorey LLP, argued that the shelter had been allowed to operate for free for 27 years. "However, in recent years, plaintiff increasingly failed to abide by its obligations under the license agreement in numerous respects, including failing to keep the property safe and clean, and failing to ensure that its patrons were not engaging in illegal activity or causing disturbances," the opposition brief stated.

Police calls related to the shelter increased by 97% from 2017 to 2018 and arrests increased 500%, according to the city's court documents.

Carter wrote that the city renewed the shelter's license multiple times over three decades and frequently praised its work. In addition, the shelter has invested resources over several decades, which bolstered the shelter's vested property interest, Carter reasoned. Mary's Kitchen is the only shelter for adults without children in the city, according to the plaintiff's court documents.

"The organization will lose its physical location and tens of thousands of dollars of infrastructure investments," Carter wrote. "In addition, the individual plaintiffs allege that they rely on Mary's Kitchen for food, daily hygiene, and medical services. Without Mary's Kitchen, the individual plaintiffs will likely suffer substantial hardship to obtain these services."

Everett said Friday, "The city understands the court's decision and looks forward to fully briefing the issue and having it heard on Sept. 30. The city will continue to work with its community partners as it moves forward to address this issue."

The city said it has teamed up with surrounding cities to address the issue of homelessness and taken steps to ensure a smooth transition for Mary's Kitchen's patrons into new shelters. It also said the shelter has refused to cooperate with the city on an initiative to tackle underlying issues of homelessness.

But Carter said that the existing resources the city said it has might not be enough to help all the current clients of Mary's Kitchen.

Carter has previously issued hotly contested orders related to Southern California's homelessness problem. Earlier this year, Carter issued a 110-page preliminary injunction ordering Los Angeles to place into escrow nearly $1 billion to be used for permanent housing, and to halt transfers or sales of city properties. He gave officials until October to clear the streets of homeless encampments. LA Alliance for Human Rights v. City of Los Angeles et al., 2:20-CV-2291 (C.D. Cal., filed March 10, 2020).

In an interview, Brooke A. Weitzman of Elder Law and Disability Rights Center and attorney for Mary's Kitchen, said she hopes to work with Orange to figure out a solution.

"Mary's Kitchen needs the support of the city to do more to get people out of homelessness and into housing," Weitzman said. "And so we look forward to hearing from the city and we certainly hope that either at, or before the hearing, that the city will decide to partner with us on the solutions."