Good news for irresponsible government—a court has decided that you do not really have to help end the homeless crisis.
“U.S. Circuit Judge Jacqueline H. Nguyen, writing on behalf of fellow Barack Obama appointees John B. Owens and Michelle T. Friedland, found U.S. District Judge David O. Carter abused his discretion when he ordered Los Angeles officials to set aside $1 billion to address the homelessness crisis and house all homeless people living on Skid Row within 180 days.
Carter, a Bill Clinton appointee, found structural racism — including discriminatory lending, real estate covenants, redlining, freeway construction, eminent domain, exclusionary zoning and unequal access to shelter and affordable housing — created the homelessness crisis which disproportionately affected Black Angelenos.
But the lawsuit filed by LA Alliance for Human Rights — an organization of business owners, downtown LA residents and formerly homeless people — did not claim race discrimination led to the exacerbation of the homelessness crisis in LA, where nearly one in four unhoused people in the United States live.”
Ninth Circuit hands LA a reprieve on sweeping homeless orders
The panel found the judge’s use of outside evidence and reports to conclude structural racism has caused the homelessness crisis was an overstep of judicial discretion.
Bianca Bruno, Courthousenews, 9/23/21
(CN) — Tossing a sweeping court order requiring the city and county of Los Angeles to house homeless people living on the 50-block open air encampment known as Skid Row by October, a Ninth Circuit panel on Thursday found the federal judge in the case lacked the authority to issue such an order.
U.S. Circuit Judge Jacqueline H. Nguyen, writing on behalf of fellow Barack Obama appointees John B. Owens and Michelle T. Friedland, found U.S. District Judge David O. Carter abused his discretion when he ordered Los Angeles officials to set aside $1 billion to address the homelessness crisis and house all homeless people living on Skid Row within 180 days.
Carter, a Bill Clinton appointee, found structural racism — including discriminatory lending, real estate covenants, redlining, freeway construction, eminent domain, exclusionary zoning and unequal access to shelter and affordable housing — created the homelessness crisis which disproportionately affected Black Angelenos.
But the lawsuit filed by LA Alliance for Human Rights — an organization of business owners, downtown LA residents and formerly homeless people — did not claim race discrimination led to the exacerbation of the homelessness crisis in LA, where nearly one in four unhoused people in the United States live.
“None of plaintiffs’ claims is based on racial discrimination, and the district court’s order is largely based on unpled claims and theories,” Nguyen wrote.
She added: “To fill the gap, the district court impermissibly resorted to independent research and extra-record evidence.”
The panel remanded the case to Carter for further proceedings “consistent” with the Ninth Circuit’s ruling.
