Louisiana Supreme Court upholds state authority to clear homeless encampments

(The Center Square) — The Louisiana Supreme Court has ruled in favor of the state’s authority to clear unauthorized homeless encampments from public property, dissolving a lower court’s injunction that had temporarily blocked such actions.

The decision, issued on Thursday, affirms the constitutional power of the Louisiana State Police and other state agencies to enforce laws protecting public health and safety.

The controversy began on Nov. 22, when State Police began distributing "Notice to Vacate" flyers to individuals living in unauthorized encampments.

The notices cited state law prohibiting camping on public property and provided a 24-hour deadline for vacating, along with resources for assistance and relocation. The initiative came ahead of high-profile events like the Bayou Classic, Sugar Bowl, Super Bowl, and Mardi Gras — all major tourism draws for New Orleans.

Three days later, on Nov. 25, plaintiffs sought a temporary restraining order to block the state’s actions, accusing officials of prioritizing the "aesthetic comfort" of tourists over the rights of unhoused individuals.

The plaintiffs’ legal challenge argued that the state’s actions violated local ordinances and overstepped its authority, demanding compliance with municipal rules established by the City of New Orleans.

On Dec. 13, Orleans Civil District Court Judge Lori Jupiter granted the restraining order, imposing restrictions on state agencies.

Judge Jupiter’s ruling mandated that state officials must notify individuals living in encampments that they are free to leave, provide 24-hour notice before clearing encampments, and avoid destroying or disposing of personal property without due process.

The Louisiana Supreme Court found the lower court’s ruling improper, stating that it "unconstitutionally interferes with the police powers of the State of Louisiana" as outlined in state’s constitution. "The district court’s judgment improperly interferes with the state’s exercise of its constitutionally authorized police power," the court wrote, ordering the immediate dissolution of the injunction.

Attorney General Liz Murrill praised the Supreme Court decision on X, saying, "State Police has every legal right to clear the encampments. I appreciate the Louisiana Supreme Court for coming to a common-sense conclusion on this important public safety issue. I’m proud of the hard work of my Solicitor General’s Office & Deputy Solicitor General Zach Faircloth."

Gov. Jeff Landry also weighed in, highlighting the timing of the decision in light of recent and upcoming events.

"This comes at a very important time given the events of last week, the upcoming Super Bowl, and Mardi Gras," Landry posted on X.

The issue of homelessness in Louisiana remains a significant challenge. A 2023 study by the National Alliance to End Homelessness reported that while more than 5,000 state residents were permanently housed that year, 8,564 individuals entered into homelessness during the same period.

Critics argue that clearing encampments addresses symptoms rather than the root causes of homelessness, such as lack of affordable housing and mental health resources.

State officials, however, emphasize the importance of balancing public safety with compassion.

In its decision, the Louisiana Supreme Court underscored that the case is "not about keeping New Orleans beautiful; it is about public safety and health."

This Supreme Court cited the attack on Bourbon Street on New Year’s Day, which heightened concerns about security ahead of major events.

With the court’s ruling now settled, state agencies are poised to resume enforcement actions.