California state officials, led by Gov. Gavin Newsom, have won a nod from a court to continue their legal action against the city of Norwalk for temporarily blocking the construction of homeless shelters and "transitional housing" in that city, which the city was needed to allow it to enact standards to prevent the homeless shelters from further harming the community.
On Feb. 18, Los Angeles County Superior Court Judge James C. Chalfant rejected a bid by Norwalk city officials to dismiss the lawsuit brought against the city by Newsom and California Attorney General Rob Bonta.
In the ruling, the judge said state officials' disinterest in discussing the dispute with Norwalk's city leaders and in even hearing out Norwalk's side of the story means the state should be allowed to sue, regardless of Norwalk's decision to put the moratorium on hold, allegedly to allow for an opportunity to resolve the dispute with the state outside of court.
Following the ruling, Bonta said he and Newsom "look forward to holding the city accountable."
“We are pleased to proceed with our case and to protect the public’s interest in the rule of law. Norwalk’s ban on new housing for unhoused individuals and lower-income households at risk of homelessness is illegal,” Bonta said in a prepared statement. “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."
Newsom added the state "will continue to hold Norwalk accountable for its failure to reverse this cruel and unlawful ban."
And California's Housing and Community Development Director Gustavo Velasquez said even Norwalk's central argument in favor of the moratorium - that homeless shelters cause complications for cities and communities - should be rejected.
"Far from being a threat, availability of safe shelter and supportive services brings stability and makes communities stronge," Velasquez said in the prepared statement, also adding the state will "fight to hold Norwalk and all others accountable."
The city of Norwalk issued a statement following the ruling, as well, saying the ruling highlights "the irony ... that the State is pushing for action against a moratorium that is already on hold, protesting enforcement where none exists."
"This is not an act of defiance but rather an effort to pause, listen, and find common ground with the State," Norwalk said in its statement. "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 to address the important issue of homelessness, 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 further challenge is the State fails to recognize that the City is a partner in this process who cannot be removed from the discussion on how the homeless housing issue is to be addressed in the City.
"The City of Norwalk remains committed to transparency, ready to work with the State of California and their agencies to develop thoughtful, sustainable policies that honor both the law and the well-being of our residents."
Newsom and Bonta sued Norwalk last fall, seeking court orders requiring the city to repeal its ordinance enacting the homeless shelter moratorium.
The lawsuit further seeks court orders stripping the city of Norwalk of many of its building regulation and permitting authority, including prohibiting the city from denying any so-called affordable housing projects for any reason.
At the time, Bonta said: "Every city and county in California has a legal obligation to help solve our homelessness crisis."
Norwalk had enacted its moratorium ordinance last August. City officials said the moratorium was needed to give the city time to enact standards needed to ensure such homeless shelters don't become a burden on the community.
According to published reports, Norwalk city leaders also said the moratorium was intended to express dissatisfaction with state policies that city leaders said only resulted in homeless individuals moving from the shelters and "transitional housing" right back onto the street, bringing no relief to Norwalk or other cities struggling with the societal ills associated with rampant homelessness.
The moratorium reportedly particularly came in response to an effort by Los Angeles County officials to relocate homless people from encampments along the 105 Freeway to the Hotel Saddleback, in Norwalk.
State officials warned Norwalk that it could take action against the moratorium.
Norwalk city leaders, however, extended the moratorium to August 2025. They did, however, stay enforcement of the ordinance to allow time to talk with state officials and potentially negotiate a resolution.
Newsom and other state officials, however, said they only have an interest in forcing the city of Norwalk to comply with their demands under the law.
After the city rejected the state's demands to repeal the moratorium, the state sued.
Norwalk sought to dismiss the lawsuit, arguing their move to not enforce the moratorium for now should mean the city's lawsuit and demands aren't "ripe" for their day in court.
The state and the judge, however, agreed the city's stay on its moratorium was irrelevant in forestalling Newom's and Bonta's legal enforcement action.