Helena Moreno
Councilmember, At-Large
1300 Perdido Street, Suite 2W40
New Orleans, LA 70112
Re: Ordinance 32,626 (“remediation of unauthorized encampments”)
Dear Councilmember Moreno:

PO Box 56157
New Orleans, LA 70156
504-522-0617
laaclu.org
Alanah Odoms Hebert
Executive Director

I write to echo the concern of many civil rights organizations with
proposed Ordinance No. 32,626, governing “remediation of unauthorized
encampments on public property, including the removal and storage of personal
property, cleaning, and outreach[.]” We believe that some aspects of the
proposed ordinance will tend to criminalize homelessness and will not promote
humane treatment of homeless persons.
Specifically, we believe the 24-hour notice provision in draft Section 82696(d) is insufficient to inform homeless persons of anticipated remediation
efforts, including the removal and storage of personal property. We suggest that
giving additional time would be more equitable and appropriate—72 hours’ notice
would provide adequate notice and give affected persons a meaningful
opportunity to remove their property and relocate.
Providing only 24 hours’ notice may result in a much greater deprivation
of personal property, which could be devastating to the owner of that property,
even if that deprivation is temporary. Although the proposed measure ensures that
the seized property will be stored at a location “reasonably accessible by public
transportation,” such access may be impractical, difficult, or impossible for the
affected persons.
In other words, the proposed measure may result in permanent storage of
seized items, and permanent deprivation for the property’s owner. Providing
greater notice is a better solution for the City and the homeless community.
Moreover, although the proposed ordinance does not specifically discuss
the role of law enforcement in “remediation” efforts, it is clear that such efforts
will involve police officers and arrests of homeless persons (for example, Section
82-704(b)(b) explicitly references NOPD, and Section 82-704(b)(e) references
arrests).
Enforcement of the proposed ordinance will likely lead to increased arrests
of homeless persons, which will criminalize homelessness. It benefits no one to
tax our overburdened criminal justice system with homeless persons, especially if
their apparent crime is the mere status of being homeless. Moreover, at a time
when New Orleans has successfully worked to reduce incarceration, we urge the
council uphold the underlying core values of compassion and humanity by
ensuring this ordinance has safeguards against unnecessary incarceration and
criminalization.
We hope the City will consider adopting the best practices suggested by
the National Law Center on Homelessness and Poverty, even if it means delaying
the vote on this ordinance. This issue is far too important to rush because it will
affect the personal, property, and dignity rights of our cities most vulnerable

 populations. If we truly seek to be a great city, we will not get there with callous
treatment of the poor, disfavored, and disregarded.
In the words of Dr. Martin Luther King, “[n]o individual or nation can be
great if it does not have a concern for ‘the least of these.’”

Sincerely.

Alanah Odoms Hebert
Executive Director

PO Box 56157
New Orleans, LA 70156
504-522-0617
laaclu.org
Alanah Odoms Hebert
Executive Director