Current Status: Judge Curtis Kin came to the startling conclusion that the City of Los Angeles is not covered by the California Emergency Services Act. He did this despite an opinion from the California Attorney General, an opinion from the LA City Attorney and legal papers filed by the city in a different case – all of which clearly show that Los Angeles is covered by the Emergency Act. FTC has appealed.
Fix The City has sued the City of Los Angeles concerning the legality of LAMC 8.33, Mayor Bass’ July 7, 2024 Local Emergency declaration and all related Executive Directives including ED1.
LAMC 8.33/Declaration of Local Emergency is the subject of one lawsuit. The Midvale Project is the subject of the second suit.
At the center of this suit is whether or not the City of Los Angeles is covered by the California Emergency Services Act (CESA). CESA provides the framework for emergency response throughout the state which includes mutual aid, immunity for first responders and the ability of the city to request emergency funding.
Verified First Amended Petition for Writ of Mandamus, Petition for Writ of Prohibition, and Complaint for Declaratory and Injunctive Relief
Key Issues
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.
“8680.9. “Local emergency” means a condition of extreme peril to persons or property proclaimed as such by the governing body of the local agency affected, in accordance with Section 8630. “ (emphasis added)
The California Environmental Quality Act (CEQA) (21060.3) defines an “emergency” as: “a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. “Emergency” includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.”
“The term “local emergency” as used in this chapter shall mean any occurrence which by reason of its magnitude is or is likely to become beyond the control of the normal services, personnel, equipment and facilities of the regularly constituted branches and departments of the City government.” (emphasis added)
“The Public Welfare and Shelter Division shall be under and subject to the control of the Department of Recreation and Parks of the City of Los Angeles. The Chief of this division shall be the General Manager of the Department. The chief shall be responsible for arranging, directing and coordinating sheltering services for persons rendered homeless as a result of a local emergency.” (emphasis added)
“in no instance shall the [shelter] be located in a single family or more restrictive zone.”
“The City’s emergency power has been historically utilized in cases of natural disasters and other discrete emergencies. There is limited precedent of the City declaring a local emergency to address issues surrounding homelessness.”