Sat. Oct 26th, 2024

Peggy Bush dismantles her tent under the Pontchartrain Expressway on Wednesday, Oct. 23, 2024, when state police cleared out a homeless encampment. (Safura Syed / Verite News)

NEW ORLEANS – An Orleans Parish judge on Friday ordered the Louisiana State Police to halt its sweeps of homeless encampments around New Orleans, which began on Wednesday in advance of this weekend’s Taylor Swift concerts in the Superdome.

Orleans Parish Civil District Court Judge Lori Jupiter signed the temporary restraining order after Raymond Scott and Amanda Alfred — two unhoused residents who were living in encampments — filed suit against the State Police and two other agencies, alleging that state troopers violated their constitutional rights by illegally searching and seizing their property. The temporary restraining order will remain in effect until Nov. 4.

“Americans have constitutional rights, whether they live in a mansion or a tent. We are glad that Judge Jupiter paused the State’s lawless actions,” attorney William Most, one of the plaintiffs’ attorneys, said in a Friday press release.

According to the suit, Scott makes a living by repairing bicycles. When officers swept the encampment where he was living, they took three bicycles and about $1,500 worth of tools from him, the complaint says. During a separate sweep on Thursday of an encampment near the corner of Claiborne Avenue and Canal Street, officers told Alfred that she would not be allowed to return to the corner even after the concerts had concluded.

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The sweeps, which began Wednesday and continued into Thursday, were led by Troop NOLA — a contingent of state troopers that has been operating in the city since earlier this year at the directive of Gov. Jeff Landry — with assistance from other state agencies. Landry ordered the action despite objections from the city, which does not have an operational agreement with Troop NOLA and therefore has no control over how or where the unit conducts its business in the city.

According to a legal observer who witnessed one of the actions, officers told encampment residents that “the Governor wants you to move because of the Taylor Swift concert,” the lawsuit says. Swift begins a series of concerts in the city on Friday and will be here through Sunday. The concerts have drawn tens of thousands of visitors to New Orleans.

City officials said earlier this week that the sweeps would hamper the city’s year-old, federally funded effort to combat homelessness and find housing for encampment residents.

“Do not sweep this encampment or other encampments,” Fields said in a press conference on Tuesday outside an encampment on Calliope Street. “It is not helping the process. It is causing more trauma than good.”

Among the witnesses cited in the lawsuit is Alison Poort, chief of staff to City Councilmember Lesli Harris, who has come out against the state’s conduct.

State troopers directed encampment residents caught in the sweeps to a new, state-sanctioned area near the corner of Earhart Boulevard and Freret Street. According to the suit, Poort visited the area and found it “lacked trash cans, portapotties, hand washing stations, or water.”

Along with constitutional violations, the lawsuit also alleges that Troop NOLA violated a city law requiring 24 hours advance notice to clear homeless encampments. In some cases, encampment residents were given less than 30 minutes notice before the operation began.

In response to a request for comment, State Police spokesperson Sgt. Kate Stegall said the agency is aware of the signed TRO and is “currently reviewing it with our legal team and the Louisiana Attorney General’s Office.”

Harris said in a statement that her office is still working with city and nonprofit agencies to ensure people affected by the sweeps receive basic services, shelter and medical care.

This is a huge legal victory and temporarily stops the State’s inhumane actions,” Harris said. “Those affected shared that their personal property was illegally discarded, including identification documents, prescription medicine, clothes, and family memorabilia.”

Katie Jane Fernelius contributed to this report.

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This article first appeared on Verite News and is republished here under a Creative Commons license.

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