An Orleans Parish Civil Court judge declined a request Tuesday to limit the Louisiana State Police’s ability to carry out encampment sweeps similar to one that took place ahead of Taylor Swift’s Eras Tour concerts.
Attorneys for people who lived at the encampments made the initial request after the sweep in October, and won a temporary restraining order against state police. They accused officers of failing to properly notify residents ahead of their operation, and said the destruction of their tents, medications and other personal property was unconstitutional.
But on Tuesday, attorneys for the state argued that extending an injunction was unnecessary, since the sweep already happened. Orleans Judge Ethel Julien agreed.
The judge's decision leaves unhoused residents vulnerable to future state-led crackdowns on encampments, said William Most, a lead attorney at Most & Associates, who is representing those who were affected.
“The same issues that led them to conduct sweeps for Taylor Swift might also be true with regard to the Super Bowl as well,” Most said. “I think we're considering our options, but we're very concerned that what happened before Taylor Swift will happen all over again unless someone steps in.”
Representatives for the Louisiana State Police and Attorney General Liz Murrill’s office have not returned WWNO's request for a comment. In past statements, both offices said the encampments were cleared to prioritize safety and protect state property.
The sweeps – organized in a matter of days – drew outrage from New Orleans leaders and community advocates, who said they undermined local efforts to connect residents with long-term services.
The initial lawsuit against the state’s sweep was filed by two residents of the Calliope Street encampment. Both claim police gave them less than 30 minutes notice before ordering them to move. (City laws require at least 24 hour notice).
Officers then confiscated their tents, clothing, personal memorabilia, ID cards and medications, including HIV treatment, according to the suit. One plaintiff, Raymond Scott, claims he had $1,500 worth of tools seized by LSP.
Officers loaded uninhabited tents into trucks, and “threatened others that it would be illegal for them to return to the area of the encampment, even after the Taylor Swift concerts are concluded," according to the suit.
The actions amounted to unconstitutional search and seizure, attorneys for plaintiffs have argued. Courts in other states, such as Pennsylvania, have ruled in favor of protections for unhoused residents’ tents and other personal belongings.
“Americans have constitutional rights, whether they live in a mansion or a tent,” Most said afterTuesday’s ruling. “The state is bound by the state and federal constitution, which covers personal property rights.”
While there’s currently no court order restricting LSP’s actions, the underlying case filed by unhoused residents remains active. It could proceed to trial in the coming months.
During Tuesday’s hearing, Judge Julien indicated she could also order the state police to halt unlawful sweeps if more operations are planned in the future.
