Final judgment: Carter issues permanent injunction against the VA
The ruling permanently enjoins Veterans Affairs from discriminating against veterans with serious mental illness and the department must provide permanent supportive housing.
After several post-trial hearings that saw little or no progress on a variety of fronts (temporary housing, leases, etc.) Friday marked a momentous step forward in the proceedings of Powers v. McDonough. But more work remains to be done before the first temporary housing unit can be occupied.
On Friday, Judge David Carter submitted his final judgment in the case in favor of the plaintiffs, reaffirming the findings he submitted after the conclusion of the trial.
“It is ordered, adjudged, and decreed, for the reasons set forth in the Court’s prior opinions and orders, including its Post-Trial Opinion, that judgment be entered in favor of Plaintiffs and the certified Class and Subclass on the First through Third Causes of Action...” the judgment reads.
Long Lead has been reporting from Powers v. McDonough every day court has been in session, and we will continue to follow this issue in this newsletter. Subscribe here to get updates sent direct to your inbox as soon as they publish:
The judgment continues through the several other causes of action listed in the complaint, finding for the plaintiffs in each.
The judgment permanently enjoins the defendants from discriminating against veterans with serious mental illness and traumatic brain injury, and orders the department to provide sufficient permanent supportive housing, as well as other claims outlined in Carter’s findings.
“This permanent injunction takes effect immediately,” Carter wrote.
The judgment comes after a hearing in which the plaintiffs and the Brentwood School had reached an impasse with the VA over a new lease of the Brentwood athletic facilities.
Defense counsel Brad Rosenberg again outlined the government's objections to the agreement, like the need to preserve the right to an appeal and the need for government control of a multi-million dollar payment Brentwood would make to the VA for the sole purpose of providing housing.
“The VA is not, with all due respect to Mr. Rosenberg, in the best position to make these decisions anymore,” plaintiff’s counsel Roman Silberfeld said. “They've given up that right based on decades of mismanagement on this topic.”
“I don't think there's a path forward on a settlement with all parties,” Silberfeld said.
Ultimately, the plaintiffs and Brentwood School entered into a new lease, which, in addition to the cash payments and increased rent payments, will see veterans receive expanded access to the athletic facilities, without government involvement.
Carter instead issued a permanent injunction against the VA, enjoining them to execute and maintain the lease proposed in the settlement agreement.
Additionally on Friday, the court heard a proposal from Randy Johnson and Steve Soboroff regarding plans to execute an emergency order that called for dozens of units of temporary housing to be built in the parking lot of the UCLA baseball field.
The placing of 56 prefabricated homes on the site would cost, at a rough estimate, around $8 million, with $3 million potentially coming from the Brentwood School payment.
Carter expressed some concerns, like cost and availability of ovens and stoves, but called the proposal “impressive.”
Additional funds still need to be located and logistical challenges, like utilities and timing, remain to be worked out.
The next court date in the case will be a preliminary approval hearing for the Brentwood School settlement agreement.
The next hearing is scheduled for Friday, Oct. 18 at 8 a.m.
Time is running out — “Long Shadow” needs your vote!
“Long Shadow: In Guns We Trust” is a finalist for an astounding three Signal Awards. Hosted by Garrett Graff and produced in collaboration with The Trace and Campside Media, this PRX-distributed podcast chronicles America’s decades-long gun violence epidemic and asks “How can we fix it?”
Vote for “Long Shadow” here:
Best Activism / Social Impact Podcast: https://bit.ly/3Bsg897
Best History Podcast: https://bit.ly/3TUoXPj
Best Documentary Podcast: https://bit.ly/3TS9Plq