A three-judge panel for the U.S. 9th Circuit Court of Appeals has overturned a ruling by U.S. District Judge David O. Carter that would have required Los Angeles to provide shelter to the entire population of Skid Row by October 18. The panel found Carter had abused his discretion, relying on “novel” legal theories as well as “independent research and extra-record evidence.” Most of the plaintiffs who had sued the city and county had no standing, the 9th Circuit said.
“We are grateful the 9th Circuit has ruled in our favor by vacating the district court’s sweeping injunction based on an abuse of judicial discretion,” County Counsel Skip Miller said, as quoted by the Los Angeles Times. “Nevertheless, the county will continue with its massive efforts to address homelessness as it has all along.”
LA Mayor Eric Garcetti, who once called himself a member of the “Judge Carter Fan Club, Los Angeles chapter,” also praised the decision.
“Now we can continue moving forward with our strategic, comprehensive plan to confront homelessness across Los Angeles and bring more people indoors as quickly as possible.”
City Attorney Mike Feuer, who is running for mayor, said he appreciates Judge Carter’s passion on the issue of homelessness but that his ruling had been “an overreach.”
The plaintiffs are not done. Their attorney has said he’s working on a new amended complaint and that new plaintiffs and evidence will likely be presented.