Breaking: Federal Court Says City Of Los Angeles Must Answer Homelessness Lawsuit
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LOS ANGELES - Californer -- Today, the U.S. District Court for the Central District of California ruled that the American Freedom Law Center's class action lawsuit, alleging the City and its police department have systematically been relocating homeless encampments from public property and affluent private neighborhoods to "less-favored" private property, will not be dismissed.  The lawsuit is now set up for class certification and discovery into the policies and machinations of the City that has made a policy out of shuttling the homeless from one place to another.  The complaint, upheld by the court, alleges that the City of Los Angeles and the Los Angeles Police Department have both allowed and created conditions effectively taking private property in violation of the Takings Clause of the U.S. Constitution and for creating public nuisances.

The thrust of the claims on behalf of AFLC's client, Adom Ratner-Stauber, a substantial property owner-manager, is that the City and its police department have failed to control homelessness and have engaged in a practice and policy of moving homeless encampments from public property, like freeway underpasses and wealthy neighborhoods, to less-favored "out-of-public-sight" private property, effectively occupying his property and surrounding properties, causing significant property damage and financial loss.

Examples of the City's shuttle/relocation policy as set forth in the complaint include the following:
  • The City relocates homeless individuals with motor homes, tents, garbage, and other items on or near plaintiff's property impairing, and frequently completely blocking, the free flow of vehicular and pedestrian traffic to his property.
  • The City relocates and then allows the homeless individuals to trespass on his private property.
  • The City relocates and then allows homeless individuals to break into his property at night to destroy the property and dump trash and other filth on his private property.
  • The City relocates and then allows homeless individuals to steal water and electricity from his properties and the City poles supplying electricity to the properties.  One such theft of electricity caused a motor home to catch on fire, which then spread to his property causing significant damage.
  • Mr. Ratner-Stauber has had to expend considerable funds to build blockades to prevent sewage and other filth from flowing into his property from the nearby homeless encampments during rainstorms.
  • Mr. Ratner-Stauber has contacted the City about these issues numerous times, yet the City allows homeless individuals to continue to access his private property, block access to his private property, and severely impair access to his private property.
  • All of this diminishes the value of the property and decreases the income derived from the property as he has had to offer reduced rents, and he continues to struggle to gain or retain tenants.

David Yerushalmi, Senior Counsel and Co-Founder of AFLC noted:

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"This class action lawsuit against the City of Los Angeles and the Los Angeles Police Department is a first of its kind and a model for future litigation to force progressive cities in California, Washington state, and Oregon to actually provide for the health, safety, and property rights of their respective law-abiding property owners.  For years, progressive city administrations have simply thrown their law-abiding residents to the wolves."

AFLC Senior Counsel and Co-Founder Robert Muise explained:

"This is not a lawsuit against the unfortunates who find themselves homeless.  Nor is it a lawsuit to force the City of Los Angeles to solve all of the homelessness and crime problems that its policies have wrecked upon its residents.  Rather, it is a lawsuit to proclaim that the City has a duty to provide property owners with the right to access and enjoy their property without threat of criminal violence and the risks attendant to policing their own property – duties that are properly the responsibility of government."

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The American Freedom Law Center is a Judeo-Christian law firm that fights for faith and freedom.  It accomplishes its mission through litigation, public policy initiatives, and related activities.  It does not charge for its services.  The Law Center is supported by contributions from individuals, corporations, and foundations, and is recognized by the IRS as a section 501(c)(3) organization.  As a result, donations are tax-deductible to the fullest extent of the law.  You can support our important work at: http://www.americanfreedomlawcenter.org.

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Source: American Freedom Law Center
Filed Under: Legal
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