City of Orange, shelter fail to agree, US judge to decide if it stays open

The City of Orange and a homeless shelter have failed for the second time to come to an agreement over whether the shelter can remain open, leaving the decision to a federal judge.

Wednesday's settlement conference between Mary's Kitchen and the city was preceded by a brief from lawyers for the homeless shelter accusing the city of making misrepresentations to U.S. District Judge David O. Carter. The dispute started after the shelter filed a lawsuit against the city's attempt to shut down Mary's Kitchen for violating a lease agreement by not keeping the area safe and clean. The city also said the shelter's patrons engaged in illegal activity and caused disturbances.

"Defendant's purported plan to provide a "seamless" replacement for Mary's Kitchen is built on blatant misrepresentations to the court," stated plaintiffs' attorney Carol A. Sobel's brief.

Seymour B. Everett III of Everett Dorey LLP and counsel for Orange, said on Thursday the city is disappointed with the brief. Everett said the shelter failed to provide recommendations to help the homeless and assist in the transition.

"Instead, Mary's Kitchen attacked the city with baseless accusations about the city's well-thought-out plan to work with established community partners and the county to provide services to the homeless," Everett said. "The city remains committed to combating homelessness and working with other cities, the county and its community partners in a collaborative manner. The city will wait for the court's ruling."

In the brief filed on Monday, Mary's Kitchen said that more than 300 unhoused people rely on the shelter for daily survival. The brief also claimed that more people died after Mary's Kitchen closed for a short period at the beginning of the pandemic.

In September, Carter prevented the city from going through with its plans and ordered the city to show cause why he should not issue a preliminary injunction.

The city said the shelter had been allowed to operate for 27 years but had failed to honor its license agreement, endangering the community.

During a hearing in late September, Carter indicated that the city might have an absolute binding clause allowing it to shut down the shelter. Mary's Kitchen et al v. City of Orange, 8:21-cv-01483, (C.D. Cal., filed Sept. 9, 2021).

Carter asked both sides to find a humane way of moving the shelter's patrons into alternative housing. But settlement discussions have twice broken down. Carter will now have to decide whether the shelter can stay open.

Brooke A. Weitzman of Elder Law and Disability Rights Center and attorney for Mary's Kitchen said that the shelter and the individual plaintiffs in the lawsuit were disappointed to hear about the city's plan to end services and disperse patrons to other cities if they cannot get into other facilities.

"Orange County is on track to have its highest ever rate of death in the street for the third year in a row," Weitzman said.

According to the county, 337 homeless people died last year, compared to 216 in 2019.

"The balancing test for a preliminary injunction here is clear, the immediate danger to lives far outweighs any speculative minimal cost to the city in accessing property it has no plan to use," Weitzman contended.