A three-judge panel of the United States 9th Circuit Court of Appeals has ruled that the decision that would have required Los Angeles to offer shelter to the homeless population of Skid Row by October, has overturned that ruling.
The federal appeals court voted unanimously Thursday that the decision failed to follow basic legal requirements.
Judge Jacqueline H. Nguyen commented and said:
“The district court relied on hundreds of facts contained in various publications for their truth, and a significant number of facts directly [underpinning the order] are subject to reasonable dispute,”
After Carter's order was made, the city and county of Los Angeles quickly appealed. The 9th Circuit stated that Carter based his decision on racial discrimination claims.
Judge Nguyen would also state:
“Because plaintiffs brought no race-based claims, they did not allege or present any evidence that any individual plaintiff or LA Alliance member is Black — much less Black and unhoused, a parent, or at risk of losing their children,”
The 9th Circuit would say that there was no evidence that any plaintiff was Black, was confined to skid row, or risked family disruption.
“The district court undoubtedly has broad equitable power to remedy legal violations that have contributed to the complex problem of homelessness in Los Angeles,” ... “But that power must be exercised consistent”
Judge Nguyen would state
This story is still developing.