Judge pleads for compassion as city seeks shelter closure

The City of Orange and a homeless shelter disagreed on how much time is needed for the shelter to move after a federal judge implored the parties to come up with a humane solution.

During a hearing on Thursday, U.S. District Judge David O. Carter said that the city might have an absolute binding clause allowing it to shut down the shelter, Mary's Kitchen. But the court will inquire about the transition period to move homeless people to alternative service providers, he said.

"And if this does take place, how humanely that can be done," Carter said. "So instead of being adversarial in that sense, I'm going to be reaching back to the city asking for what your time periods are and how we would accomplish some of these so that persons aren't going hungry, receiving medical services and mail and I'd like to find out the answer about that."

Last week, in a separate case involving the county and city of Los Angeles, the 9th U.S. Circuit Court of Appeals struck down a sweeping injunction Carter issued to force the governments to take several steps to house homeless people. The judge overstepped his authority by doing independent research and coming to conclusions that weren't presented by the plaintiffs, the circuit said.

In the Orange case, Carter ordered the city to show cause why he should not issue a preliminary injunction. Mary's Kitchen sued the city in September, accusing it of issuing a termination notice without authority in violation of an agreement that was to last until 2024. Carter sided with the shelter and prohibited the city from closing it. The facility helps hundreds of people each month, according to court documents filed by the shelter operators.

Orange, in return, responded that the shelter violated a lease agreement by not keeping the area clean and safe. According to the city, the street on which the shelter is located has become a crime hub. Mary's Kitchen et al v. City of Orange, 8:21-cv-01483, (C.D. Cal., filed Sept. 9, 2021).

Carter did not issue an order on the preliminary injunction. He asked the shelter whether there was a transition plan. Carol A. Sobel of Santa Monica, counsel for Mary's Kitchen, responded that they are exploring alternative locations. But she pointed out that any plans hinge on the city's willingness to expedite necessary permits.

But the parties failed to agree during recess on an adequate time period for a possible transition.

"We met, but we were unable to reach an agreement," Sobel told the judge. "Our representation to the court earlier was 18 months, which is just slightly more than half of the remaining time on the lease. It's actually 33 months because it goes to June 2024. And realistically, we think that 18 months would be a push, but our client would commit to that."

Seymour B. Everett III of Everett Dorey LLP and counsel for Orange responded that the city offered three months, but "18 months is unacceptable to the city."

Now it is up to Carter to decide whether to grant the city's bid to close down the shelter or if the shelter can continue to stay open.

"The City of Orange is committed to improving the lives of the unhoused by working collaboratively with community partners dedicated to providing services in a safe and appropriate manner," Everett said in an email. "The city understands the court's careful consideration of all issues regarding the city's ability to enforce its license agreement. As the city waits for the court's ruling, it will continue to work with surrounding cities, the county and its community partners to combat homelessness."