A federal appeals court in San Francisco ruled on Thursday to uphold an injunction preventing the City of Los Angeles from taking, disposing of or otherwise tampering with possessions of homeless persons placed on public property.
The two-to-one ruling by the U.S. Court of Appeals for the Ninth Circuit said a city ordinance permitting officials to throw away bulky items owned by homeless Angelenos was a violation of Fourth Amendment protections against government seizure of property.
The ordinance in question allowed for removal of items unable to fit in a 60-gallon container, which roughly equates to the size of most home trash receptacles picked up by the city. It did not include items used for shelter, such as tents; transportation, like bicycles or medically necessary equipment, including wheelchairs and crutches.
“City employees have discarded a crate that a person used to secure his pet dog at night, carts that a person used to transport his possessions, wooden pallets and a cushion on which a person slept, and bins that a person used to keep her clothing dry—sometimes in the presence of their respective owners,” wrote Judge Michelle T. Friedland for the majority.
Friedland noted that past court decisions have established a clear precedent—that government actors may not destroy unabandoned personal property found in parks or on sidewalks.
L.A. officials are "free to draft a lawful version" of the ordinance, Friedland wrote.
The decision arises from an appeal of a preliminary injunction imposed by U.S. District Judge Dale S. Fischer in April, which permitted city officials to seize items owned by homeless persons if they obstructed sidewalks or posed a threat to public health and safety.
The city may still appeal Thursday's ruling to a broader panel of Ninth Circuit judges.
