Judge rejects Norwalk’s attempt to dismiss state lawsuit over city’s homeless shelter ban

A Los Angeles County judge has rejected the city of Norwalk’s request to dismiss a lawsuit that seeks to overturn its ban on homeless shelters and other types of housing.

Superior Court Judge James Chalfant ruled Tuesday that the lawsuit from California Attorney General Rob Bonta and the state’s Housing and Community Development department could move forward.

As part of his ruling, Chalfant wrote: “No facts or evidence supported the City’s conclusion” that shelters and supportive housing pose an immediate threat to public safety.

Gov. Gavin Newsom responded to the ruling in a statement, indicating his administration would continue to sue local governments over alleged violations of state housing law.

“No community should turn its back on its residents in need,” Newsom said. “We will continue to hold Norwalk accountable for its failure to reverse this cruel and unlawful ban.”

Bonta said he was pleased with this week’s court decision allowing the case against Norwalk to proceed.

“At a time when affordability issues are a top concern for Californians, we should be doing everything in our power to help — not hurt — those struggling to keep a roof over their heads or lacking housing altogether,” Bonta said.

The backstory

Norwalk’s City Council voted in August to pass a 45-day ban on local permitting for new shelters, interim housing and supportive apartments for unhoused people.

The ban also applied to businesses such as liquor stores, laundromats, car washes, payday loan establishments and discount stores.

After the state’s housing department sent the City Council a letter saying the ban violated state housing laws and ordering them to rescind it, the council voted to extend the policy another 10 months and 15 days.

At the time, Norwalk Mayor Margarita Rios told LAist that local leaders “know best what our population looks like here, including those that are suffering” and that she opposed efforts by state officials to “try to impose further demands or mandates on us.”

The city’s response

Norwalk spokesperson Levy Sun sent LAist a statement on Thursday about the court’s ruling, saying enforcement of the shelter ban is currently on hold and the city is committed to working with the state on creating “sustainable policies that honor both the law and the well-being of our residents.”

“This is not an act of defiance but rather an effort to pause, listen and find common ground with the State,” the statement read. “The City of Norwalk will continue to work with the State’s Department of Housing and Community Development to attempt to find a common ground… but keeping at the forefront the protections of our residents and the City’s efforts to preserve local control over land uses within the City of Norwalk’s jurisdiction.”

The state Attorney General’s Office has also sued the city of Huntington Beach over its failure to plan for new housing under state law. Local officials argued the city does not have to comply with state housing requirements because Huntington Beach is a “charter city” exempt from those state mandates.