Judge finds city of LA violated public records law on homelessness issues

A Superior Court judge has found that the city of Los Angeles violated public open records laws nearly two years ago by taking action on matters related to its homelessness response and failing to report it.

That decision could be a factor in an ongoing hearing in federal court where a different judge is considering whether to hold the city in contempt of court.

In a ruling last week, L.A. County Superior Court Judge Curtis A. Kin found that the city violated the Brown Act on two occasions in January and May 2024 when it took action in closed session on the following:

— approving an encampment reduction plan;

— approving a memorandum of understanding with the county for support on interim housing beds and other issues.

Afterward, the city did not report those approvals in open session.

The city argued its actions were allowed under the Brown Act because they stemmed from the ongoing settlement between the city and the L.A. Alliance for Human Rights, a group of business owners and residents who sued the city over its response to the homelessness crisis.

But Kin disagreed with that argument, saying what the city had done in closed session did not fall within the Brown Act exemptions because they were policy decisions, not litigation decisions concerning the L.A. Alliance settlement.

In federal court, U.S. District Judge David O. Carter has been overseeing the city’s compliance with the settlement. Carter has said he’s concerned “the city has demonstrated a continuous pattern of delay” in meeting its obligations.

Carter has been hearing testimony since November from city officials and others in an ongoing contempt-of-court hearing. This week, the judge said in court documents that he would consider Kin’s ruling as the contempt hearing proceeds.

The parties were last in federal court earlier this week. It’s not yet clear when that hearing will resume.