An Orleans Parish judge has issued a preliminary injunction that prevents state agencies from removing homeless encampments in downtown New Orleans without respecting the constitutional rights of those affected.
Judge Ethel Julien of the Orleans Civil District Court granted the injunction against the Louisiana State Police, Louisiana Department of Wildlife and Fisheries and Louisiana Department of Transportation and Development on Dec. 3. The order comes in the wake of a lawsuit filed by homeless individuals represented by several advocacy groups, including the Southern Poverty Law Center (SPLC) and the MacArthur Justice Center.
Several sweeps of downtown New Orleans encampments took place in late October and were ordered by Gov. Jeff Landry to protect property rights prior to a series of Taylor Swift concerts at Ceasar’s Superdome, according to the lawsuit. Plaintiffs alleged that the sweeps led to the confiscation and destruction of personal property in violation of the Fourth Amendment’s protection of the rights of Americans to be secure “in their persons, houses, papers and effects, against unreasonable searches and seizures.”
The SPLC expressed satisfaction with Julien’s ruling, saying it would stop state agencies from disposing of homeless people’s possessions that are needed for their survival.
“Homelessness is a humanitarian crisis, not a crime,” Anjana Joshi, an SPLC senior attorney, said in a statement. “New Orleans playing host to several high-profile events — such as the Taylor Swift concerts, the Bayou Classic and the Super Bowl — is no excuse for state agencies to further harm New Orleans residents who are unhoused. We urge the state to stop interfering with the city’s ongoing efforts to transition people into housing and provide other critical services.”
Joe Heeren-Mueller, a spokesman for UNITY of Greater New Orleans, a nonprofit group providing homeless services, told the Louisiana Record in an email that the city’s homeless people merit better treatment from public agencies. The group is not a party to the lawsuit.
“People experiencing homelessness deserve to be treated with respect and dignity in all circumstances,” Heeren-Mueller said. “Ultimately, safe and affordable housing is the response to homelessness that is most impactful and effective for those who have become unhoused and for communities working to manage and end this phenomenon.”
The court injunction comes on the heels of Julien issuing a temporary restraining order against the defendants in the lawsuit. Despite that order, state agencies swept city-owned properties on Nov. 27, including the encampment of one of the petitioners, according to the SPLC.
Landry has criticized the judge’s restraining order, saying on X, formerly Twitter, that “If a judge believes that people have a right to be on whatever public space they choose, maybe that judge should have them move into her chambers and courtroom.”
Eric Foley, a MacArthur Justice Center attorney who represents plaintiffs in the case, emphasized that even those without housing have constitutional rights.
“The plaintiffs seek only to ensure that when government actors respond to people experiencing homelessness, they do so in a manner that not only comports with constitutional rights but also treats them with the dignity and respect they deserve,” Foley said in a prepared statement.
The initial legal complaint sought a permanent injunction calling on defendants not to destroy or dispose of homeless residents’ property and to provide sufficient notice prior to sweeps. The plaintiffs also sought compensatory damages and reimbursement of attorney fees.