In a split decision, the Louisiana Supreme Court has dissolved a lower court’s restraining order that limited state agencies’ ability to clear homeless encampments in public areas of New Orleans.
The high court on Jan. 9 overturned a decision by Judge Ethel Julien of the Orleans Civil District Court that enjoined the Louisiana State Police and Louisiana Department of Wildlife and Fisheries from evicting unhoused people on public property or removing their belongings without respecting their constitutional protections.
The decision comes amid preparations in New Orleans for the Feb. 9 Super Bowl, which will take place at the Caesars Superdome – and in the wake of the deadly terrorist attack in the city on Jan. 1.
In a two-page opinion, the Supreme Court pointed to a provision in the state constitution that states “the police power of the state shall never be abridged.” This provision was put in place to make sure local governments’ powers could not deprive the state government of its inherent authority, according to the decision.
“The district court’s Dec. 13, 2024, judgment places restraints on relators (the two state agencies) by requiring them to comply with certain provisions of the code of the City of New Orleans and invoke ‘judicial process’ before acting,” the opinion states. “It is clear this judgment improperly interferes with the state’s exercise of its constitutionally authorized police powers under (Article IV). Accordingly, the injunction is invalid on its face and must be dissolved.”
The state’s top elected officials welcomed the court’s decision, which attracted bipartisan support.
“State police has every legal right to clear the encampments,” Attorney General Liz Murrill said in a statement provided to the Louisiana Record. “I appreciate the Louisiana Supreme Court for coming to a common-sense conclusion on this important public safety issue. I'm proud of the hard work of my Solicitor General's Office and Deputy Solicitor General Zach Faircloth."
Gov. Jeff Landry also expressed satisfaction with the court’s decision, saying that it would help state agencies to keep New Orleans safe.
“This comes at a very important time given the events of last week, the upcoming Super Bowl, and Mardi Gras,” Landry said in a Jan. 9 post on X, formerly Twitter.
State Rep. Alonzo Knox (D-New Orleans) agreed with the court’s ruling as well, calling it a common-sense decision that reinforces the role of the state police in keeping public property safe.
“Now, we must prioritize safe shelter with wrap-around services, including mental health and addiction treatment for residents of these encampments .. while restoring order and improving quality of life for residents and business owners of impacted communities,” Knox said.
Landry said in a statement on Monday that he would provide emergency funding and state agency resources to help the homeless who had been living around the Superdome, but he provided few additional details.
In a dissenting opinion, Chief Justice John Weimer said he disagreed with the majority’s decision to take up the issue by bypassing an appeals court review, using what’s called a supervisory writ.
“The majority’s summary disposition of this matter certainly does not clarify why the facts of this case merit circumvention of the normal appellate process, and I find no compelling reasons for such,” Weimer said. “Thus, rather than act summarily, and without the benefit of either the official district court record or the court of appeal’s considered review, I would remand this matter to the court of appeal for expedited consideration.”
He called the majority’s opinion “cursory,” with wording that raises more questions than answers.