A Nonprofit Group Sues Los Angeles Mayor Over Emergency Powers to Address Homelessness Crisis
A nonprofit group called Fix The City is taking legal action against Los Angeles Mayor Karen Bass for utilizing emergency powers to tackle the city’s escalating homeless crisis.
Fix The City, a government accountability group, filed a lawsuit on September 25 in Los Angeles Superior Court challenging the city’s adoption of Ms. Bass’s emergency order on homelessness, which granted her the authority to declare a local emergency.
The lawsuit alleges that the order violates state laws regarding the declaration of local emergencies, competitive bidding for contracts exceeding $5,000, and the mayor’s ability to “commandeer property” in violation of constitutional eminent-domain protections.
“This law simply puts too much power in the hands of city officials,” stated Mike Eveloff, president of Fix The City, in a press release. “City officials seem to believe that, in the name of the declared emergency, they can hold secret negotiations and make vendor selections without notifying the public until the project is a ‘done deal.’ This eliminates due process and excludes the public from being involved in any way.”
The group argues that the emergency order violates state law by granting the mayor the power to issue immediate rules, regulations, and orders, commandeer property, unilaterally execute contracts, and suspend competitive bidding.
In December 2022, the Los Angeles City Council initially approved the emergency declaration by Mayor Bass, who took office recently. Since then, she has signed directives to expedite the approval process for certain affordable housing projects and implement a program to provide shelter for residents.
Similar to health emergencies declared in many cities and states across the United States during the COVID-19 pandemic, the homelessness emergency allows for streamlined approvals and reviews.
While Fix The City acknowledges the need to address the homelessness crisis, they firmly believe that such actions should not infringe upon the public’s rights. The lawsuit aims to invalidate the current emergency declaration and all associated measures.
A homeless encampment surrounds Echo Lake Park in Los Angeles on March 25, 2021. (Frederic J. Brown/AFP via Getty Images)
According to the latest count by the Los Angeles Homeless Services Authority, approximately 41,980 individuals are homeless in the city of Los Angeles, representing a 1.7 percent increase from 2020.
In a separate case, New Mexico Governor Michelle Lujan Grisham, also a Democrat, is facing calls for impeachment after issuing a similar emergency order to address gun violence by banning the carrying of firearms in one city.
Ms. Grisham has also been sued by numerous gun groups, who argue that gun violence and drug use do not constitute public health emergencies and that the order violates the constitutional separation of powers.
No comment has been provided by Ms. Bass’s office in response to the lawsuit.
What implications does the lawsuit filed by Fix The City have on the balance between executive authority and public participation in addressing the homelessness crisis
Address the worsening homelessness crisis in the city. The declaration gave the mayor the authority to take immediate action and make decisions without going through the usual processes and procedures.
However, Fix The City believes that this emergency order goes against state laws and infringes upon the rights of the public. They argue that the power given to the mayor allows for secret negotiations and vendor selections without public knowledge or input. This, they claim, eliminates due process and excludes the public from being involved in any way.
Furthermore, the nonprofit group argues that the order violates state laws regarding the declaration of local emergencies, which require competitive bidding for contracts exceeding $5,000. They also highlight that the mayor’s ability to “commandeer property” infringes upon constitutional eminent-domain protections.
In light of these concerns, Fix The City filed a lawsuit on September 25, challenging the adoption of the emergency order and seeking legal action against Mayor Karen Bass. The group aims to hold the city accountable for its actions and ensure that the proper legal processes are followed.
Mike Eveloff, the president of Fix The City, expressed his concerns about the excessive power given to city officials and the lack of transparency in their decision-making. He believes that city officials are using the excuse of an emergency to bypass public involvement and push through their own agendas.
It is important to note that addressing the homelessness crisis is a pressing issue for the city of Los Angeles. However, it is equally important to uphold the principles of transparency, accountability, and due process. Fix The City’s lawsuit sheds light on these concerns and serves as a reminder that even in times of crisis, the rights and voices of the public should not be overlooked or disregarded.
As the lawsuit moves forward, it will be interesting to see how the court responds and whether it finds merit in Fix The City’s arguments. Ultimately, the outcome of this legal action will have significant implications for the use of emergency powers in addressing the homelessness crisis in Los Angeles and the balance between executive authority and public participation.
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