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Judge rules Louisiana State Police obliged to adhere to municipal regulations for homeless cleanups

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A judge in New Orleans has imposed a ruling that indefinitely bars the Louisiana State Police from performing sweeps on homeless encampments in the city unless they provide adequate notice, in accordance with local law.

The preliminary injunction was issued by Civil District Court Judge Ethel Julien and will remain effective while a lawsuit against the state progresses through the judicial system. This ruling comes shortly after a temporary restraining order was put in place by Julien against the state last week.

The legal action was initiated against the State Police, along with the Departments of Wildlife and Fisheries and Transportation and Development. The lawsuit accuses these agencies of violating the constitutional rights of individuals living in encampments by improperly seizing their property without due process. It also claims that Troop NOLA, a state police group involved in earlier sweeps, failed to adhere to a municipal requirement to provide 24 hours of advance notice before clearing these encampments.

“Certain constitutional protections should be present before any actions are taken by the Department of Wildlife and Fisheries or the State Police concerning relocations,” Julien commented. It is noted that the Department of Transportation and Development (DOTD) was only involved in cleanup efforts after earlier sweeps, which led Julien not to extend the injunction to this agency.

The initial lawsuit was filed in October, responding to Troop NOLA—a team of state troopers that has been active in the city since early 2023—leading a sweep operation in the Central Business District. During this operation, agents from the Department of Wildlife and Fisheries also participated.

The sweep order was issued by Governor Jeff Landry prior to a series of concerts by Taylor Swift at the Superdome, despite strong opposition from city officials, including Mayor LaToya Cantrell and members of the New Orleans City Council. They expressed concerns that such operations would hinder the city’s ongoing initiatives aimed at securing stable housing for individuals living in encampments.

The administration of Mayor Cantrell has found itself with limited authority over the operations of the troopers. Unlike a previous long-term deployment under former Mayor Mitch Landrieu, no formal agreement was established between the Cantrell administration and Troop NOLA.

The Mayor’s office did not respond promptly to a request for comments regarding the preliminary injunction. However, Louisiana Attorney General Liz Murrill, who represents the State Police, stated that she is collaborating with the State Police and the Governor’s Office to ensure adherence to the law while maintaining public safety, as well as keeping state property and rights of way unobstructed.

In late October, after the initial sweep, Judge Lori Jupiter of the Orleans Parish Civil District Court issued a temporary restraining order, preventing the State Police and other involved agencies from conducting additional sweeps for the first few days of November. However, Judge Julien later chose not to expand this order for future sweeps.

On November 22, in advance of the Bayou Classic, state troopers began posting announcements to unhoused residents in the French Quarter and surrounding areas, advising them they had 24 hours to vacate or face “legal action” or “assisted relocating” to a state-sanctioned encampment under the U.S. 90 overpass. In response, attorneys for affected individuals sought another temporary restraining order, which Judge Julien granted on November 25.

The focus of Tuesday’s hearing was whether to establish a preliminary injunction to provide a longer-term prohibition. The order issued by Julien effectively prevents state agencies from conducting future sweeps without providing 24 hours of notice, and it prohibits them from disposing of the belongings of unhoused individuals without following due process. This order will remain active while the lawsuit is ongoing, as the plaintiffs seek a permanent injunction or until there’s a successful appeal by the state.

During the court proceedings, representatives of the state argued against the appropriateness of the temporary restraining order, stating that the October and November sweeps were distinct and did not impact the plaintiffs involved in the case. They also positioned that the actions of the troopers were essential for enforcing laws and protecting the health and safety of residents.

Judge Julien was not swayed by the arguments presented, particularly when evidence revealed that unhoused individuals were moved from one encampment to another, contradicting claims about law enforcement focusing solely on state-owned highways.

William Most, the lead attorney for those affected, emphasized the importance of Judge Julien’s acknowledgment regarding the state’s actions on city property.

“The confusion and disorder are brought about by the State Police, who have issued notices claiming violations that they failed to act upon,” Most stated.

Eric Foley, also representing the plaintiffs, disputed the state’s assertions that the conduct of the sweeps would not cause severe harm to the individuals involved. He highlighted a notice received by one of the plaintiffs, prompting them to vacate an encampment, stemming from earlier fears of being forcibly removed. Foley pointed out that losing personal belongings or essential medications has significant repercussions for unhoused individuals, impacting their ability to access employment or healthcare services.

“Replacing lost items is not as simple for them as it is for others,” Most commented after the hearing, stressing the need for compliance with basic constitutional rights regarding the handling of personal property for all individuals, regardless of their living circumstances.

City Councilwoman Lesli Harris, representing areas with high concentrations of homeless encampments, remarked that Judge Julien’s order would bring an end to the disruption caused by Landry and Troop NOLA during previous enforcement actions.

“With this ruling, we can refocus our efforts on helping unhoused residents find permanent, affordable housing and access necessary services for long-term stability,” Harris added.