9th Circuit Decision Update
Los Angeles’ most progressive City Council has once again shocked both individuals and organizations that successfully fight for the human, social and civil rights of L.A.’s neediest residents. The decision to appeal the 9th Circuit ruling banning the widespread use of 41.18d, the local ordinance that allows law enforcement to move homeless people around with impunity, marks a sad day for all Angelenos. A day where we continue to power forward for some while moving in rapid regression for others; a day where racism rears its head for all to and that the reality of gentrification takes center stage. The timing of this decision could not come at a worse time and the highly racialized, visible, politics of the progressive wing of city government threatens to carve an even deeper chasm between Black & Brown relations.
Staunch opposition to the Sensenbrenner legislation [H.R. 4437]—which would criminalize all Latinos regardless of immigration status—clearly illustrates that the City of Los Angeles understands that the lives of poor people can not be entrusted by law enforcement or courts, both which has systematically wreaked havoc in their lives. However, in the case of homeless people, most of whom are Black, the course has taken an entirely different path. This path fully entrusts the LAPD and judicial system to use its powers to chase or incarcerate all those they feel are standing in the way of progress.
Residents who would be impacted must have been riding an emotional roller coaster. There was a celebratory, almost festive, spirit when people learned of the 9th Circuit Court ruling; it felt to them as if the law could sometimes work on their side. The clearest expression of this emotion was when people living in encampments heckled police officers waving copies of the LA Times almost daring the cops to move them, but that emotional high did not last very long. The initial rumblings of a possible appeal led to the complete militarization of the LAPD and subsequent quashing of any type of protest or celebration.
Once again the stage has been set, the police are back to business as usual and homeless residents are waiting for the courts to once again do the right thing. As this is written the City Attorney and LAPD are attempting to create an ordinance that would satisfy their legal obligations under the original 9th Circuit opinion. One could imagine what that might look like. Memory conjures up images of the 14 acre “Urban Campground” of the 1980’s, also known as “Camp Dirt,” New Soweto,” and “Bradleyville.”
It was 14 acres of blowing dirt behind a 12 foot steel fence, into which more than 1000 homeless people were forced by virtue of there being no other place for them where LAPD would not harass or arrest them. It was a nightmare, and hinted of even worse nightmares to come.
LACAN