Louisiana Court Bars State Agencies from Sweeping Encampments Without Constitutional Protections

NEW ORLEANS, La. — Today, the Orleans Civil District Court delivered a significant win to the unhoused community in New Orleans, granting a preliminary injunction preventing the Louisiana State Police and the Louisiana Department of Wildlife and Fisheries from removing, evicting, displacing — also known as “sweeping” — encampments without constitutional protections. The order also stops the agencies from seizing and destroying items of the city’s unhoused population, including items that are necessary for their survival.  

“We are pleased with the court’s decision to uphold the rights of unhoused people under the state and federal constitutions,” said Anjana Joshi, senior attorney, economic justice, Southern Poverty Law Center (SPLC). “Homelessness is a humanitarian crisis, not a crime. New Orleans playing host to several high-profile events — such as the Taylor Swift concerts, the Bayou Classic, and the Super Bowl — is no excuse for state agencies to further harm New Orleans residents who are unhoused. We urge the State to stop interfering with the city’s ongoing efforts to transition people into housing and provide other critical services.”

Eric Foley, senior counsel, Roderick & Solange MacArthur Justice Center, said: “The court’s preliminary-injunction order underscores the fundamental principle that constitutional rights protect all of us equally — regardless of whether a person is lucky enough to have a roof over their head. We look forward to continuing to litigate this case and obtaining permanent injunctive relief for our clients. The plaintiffs seek only to ensure that when government actors respond to people experiencing homelessness, they do so in a manner that not only comports with constitutional rights but also treats them with the dignity and respect they deserve.” 

Last week, Judge Julien issued a temporary restraining order (TRO) against all defendants in the lawsuit, after flyers warned unhoused people that “their presence is considered a violation,” and told them to vacate the premises or face legal action. The flyers were distributed in the city’s French Quarter and other high-tourist areas.  Despite assurances to petitioners and the Court that the state would come into compliance with the TRO, and that it would only sweep four state-owned locations on November 27, the state swept additional locations and city-owned properties the very same day, including the encampment of one of the petitioners.  

The preliminary injunction granted today in New Orleans will remain in effect while the lawsuit is pending.

Read the petition here detailing the state’s coordinated campaign to clear homeless encampments, and written witness statements exhibits.

Editor’s note: An Emergency Petition for Injunctive Relief and Request for Temporary Restraining Order was initially filed by Most & Associates on October 25, 2024. SPLC and the Macarthur Justice Center enrolled as additional counsel and filed an Emergency Amended Petition for Injunctive Relief and Request for Temporary Restraining Order on November 25, 2024, which the Court granted.