Contempt-of-court hearing begins in federal case over city of LA's homelessness response

A downtown hearing kicked off Wednesday, during which a federal judge will consider holding the city of Los Angeles in contempt of court. The hearing is the latest step in a long-running legal saga regarding the city's response to the region’s homelessness crisis.

The hearing was ordered by U.S. District Judge David O. Carter, who has been overseeing a settlement in a lawsuit brought against the city by the L.A. Alliance for Human Rights, a group of downtown business and property owners. L.A. Alliance sued the city, and county, in 2020 for failing to adequately address homelessness.

Several witnesses are expected to testify during the contempt-of-court hearing, including Gita O’Neill, the new head of the region’s top homeless services agency, and Matt Szabo, the L.A. city administrative officer.

L.A. County Supervisor Kathryn Barger watched at least part of Wednesday’s hearing in the courtroom.

Why now?

Carter said in court documents that he’s concerned “the city has demonstrated a continuous pattern of delay” in meeting its obligations under court orders. During a hearing last week, the judge pointed to several delays, including recently reported issues related to data and interviewing city employees.

The judge noted that similar concerns have come up at previous hearings. Carter told attorneys for the city in March 2024 that he “indicated to the mayor that I’ve already reached the decision that the plaintiffs were misled” and “this is bad faith,” according to court transcripts.

The judge said in a Nov. 14 order that he’s concerned the “delay continues to this day.”

The contempt hearing is expected to cover whether the city has complied with court orders and provided regular updates to the court under the settlement agreement.

Reducing delays

Attorneys for the city have pushed back against the hearing, filing objections with the judge and making an unsuccessful emergency request with the 9th Circuit Court of Appeals to block it from happening.

City authorities also asked the appeals court to press pause on the judge’s order to appoint a monitor in the case to make sure the city stays on track with the settlement. The city argued that Carter handed the monitor “a blank check to interfere with the democratic process,” according to court documents.

The appeals court partly denied the city’s request. It allowed Wednesday’s hearing to move forward, but it agreed to pause the appointment of Daniel Garrie as monitor.

In light of that response, attorneys for the city have argued that looking at the city’s cooperation with Garrie “would be inappropriate” during the hearing and that L.A. “cannot be held in contempt for either the substance or the manner of its compliance with the order,” according to court documents.

Previous hearings related to the settlement have elicited tense questioning of witnesses and harsh words from the judge, who has been vocal about reducing delays and moving the case forward.

In an opening statement Wednesday, Theane Evangelis — one of the attorneys representing the city — urged the judge to “turn down the heat” on the closely watched case. Evangelis said the “city is constantly under fire” in court while L.A. has made “enormous strides” in getting people off the streets.

Elizabeth Mitchell, lead attorney for L.A. Alliance, said the city treats transparency as a burden.

She said Wednesday that the “city still fights oversight harder than it fights homelessness” and that the court should address L.A. 's “consistent” delays throughout the case.

What’s next?

The hearing will resume Dec. 2, when more witnesses can appear in person.

City authorities told the court they believed a one-day hearing wouldn't be enough time to go over all the evidence.

If the judge does find the city of L.A. in contempt of court and that it "isn't doing what it promised to do," the consequences could range from nothing all the way up to serious sanctions, according to Matthew Umhofer, an attorney for L.A. Alliance.

Umhofer told LAist after the hearing that sanctions could include the court ordering more intensive monitoring of the city’s performance, imposing new requirements on the city, monetary penalties or possibly a receivership.

Carter previously stopped short of seizing control of the city’s hundreds of millions of dollars in homelessness spending and handing it to a court-appointed receiver, deciding against that option in a June ruling.

L.A. Alliance is considering asking for an extension to the settlement agreement, Umhofer said.

“The city has gotten away with not complying for a very long time,” he said. “So extending the agreement can be among the things that we might ask for ... given the pattern of delay and obstruction."

Evangelis and Bradley Hamburger, another attorney representing the city, declined LAist’s request for comment after the hearing.