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Housing & Homelessness

Federal Judge Says Lawsuit Over Feeding Unhoused People In Santa Ana Could Have 'Wide-Ranging Precedent'

A man in an office with a full, white beard wearing an Army green sweatshirt holds a clipboard with a form on it out to another man, seen from the back, wearing a blue hooded jacket and carrying a flower print backpack.
Vaskin Koshkerian, executive director of Micah's Way, helps a client with paperwork to get a state I.D.
(
Jill Replogle
/
LAist
)

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A federal judge has denied the city of Santa Ana's request to dismiss a legal complaint from a homeless aid organization. Judge David O. Carter wrote in a ruling late Thursday that the nonprofit plausibly alleges the city is violating its rights by not allowing it to feed people at its headquarters.

The details

The judge wrote that Santa Ana "has plausibly put pressure on Micah’s Way to modify its behavior and violate its beliefs by abandoning its charitable practices."

The city has refused to give Micah's Way a permit to operate unless it stops giving out food at its headquarters, which is located in an area zoned for professional uses.

What Micah's Way argues

The grassroots nonprofit argues that its practice of feeding the hungry is protected under the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) and the U.S. Constitution.

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The Department of Justice has weighed in with a "statement of interest," suggesting the case could fall under RLUIPA.

What the city argues

City officials say that all entities in the "professional district" where Micah's Way is located have to follow the same rules, and that distributing food isn't allowed.

What's next

A lawyer representing Micah's Way told LAist on Friday if they can't reach an agreement with the city outside of court, they'll proceed with litigation.

Go deeper: A Nonprofit Feeds People Experiencing Homelessness In Santa Ana. The City Wants It To Stop

Updated June 9, 2023 at 10:25 AM PDT

This story was updated with details from a court ruling on Thursday.

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