Legal advocates acting on behalf of New Orleans' homeless population were able to temporarily put a stop to Louisiana Governor Jeff Landry's plans to relocate some of the unhoused to the parking lot of the Home Depot in Central City. But the issue is far from settled.
Lawyers for the homeless argued the state violated the 4th Amendment by taking their personal property without due process. Loyola law professor Dane Ciolino said the U.S. Supreme Court ruling this summer that allows local and state governments to clear encampments addressed the 8th Amendment protections against cruel and unusual punishment.
"Other than that, there aren't a whole lot of other constitutional limitations on what the state or a municipality can do to combat homelessness by clearing out encampments," Ciolino explained.
He said had state police taken a few steps, like providing prior notice to the individuals being relocated, they might have been in the clear.
"And also by simply informing the individuals that they don't have to go the new encampment, they're free to leave and go elsewhere," he said.
Lawyers for the homeless said state police failed to notify individuals that they were not required to stay where they were taken.
Gov. Landry said he was taking the action in light of the crowds in town for the Taylor Swift Eras tour. The Crescent City has more big events coming, like the Sugar Bowl and Super Bowl early next year.
