UCLA appeals Judge Carter's lockout order
The filing surprised Carter and the plaintiffs’ lawyers, who questioned whether the university had forfeited its right to appeal by largely sitting out legal proceedings.
Racing to pull hundreds of homeless veterans off the streets before the rains come, federal Judge David O. Carter ordered the VA to stand 50 units of temporary housing on the West LA VA campus in the next two months on Monday, with as many as 250 more provisional homes to follow.
But no sooner had the judge’s emergency order hit the court docket than tentative agreements to resolve disputed land on the 388-acre property began to unravel under opposition from the VA and UCLA, one of the campus’ former leaseholders.
In September, Carter ruled that the VA’s decades-long failure to house homeless and disabled veterans on land deeded for wounded soldiers had violated federal law, and ordered thousands of permanent and temporary housing units to be constructed on the VA campus. The judge also struck down leases for UCLA and the private Brentwood School’s athletic facilities on campus land. During one in a series of marathon hearings to fashion remedies in the lawsuit, Carter this month ordered the university locked out of Jackie Robinson stadium, the home field for its Division I baseball team which was built on the VA property.
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:
Also on Monday, UCLA asked the 9th U.S. Circuit Court of Appeals to reverse Carter’s lockout, apparently surprising Carter and the plaintiffs’ lawyers, who questioned whether the university had forfeited its right to appeal by sitting out much of the legal proceedings. UCLA ignored Carter’s invitation to attend Monday’s hearing, although the judge intends to put temporary housing modules erected on stadium-adjacent parking lots that previously had been a part of the university’s lease agreement.
Meanwhile, the veterans had tentatively accepted the Brentwood School’s offer of $5 million over two years and use of its state-of-the-art athletic facilities more than half the time to resolve its former lease holdings. But the agreement was placed in jeopardy by VA opposition.
VA lawyer Brad Rosenberg said he doubted the agency would agree for the money to go to the campus and a charity rehabilitating its signature chapel, rather than into the VA’s coffers. Without that assurance, lawyer Skip Miller said the Brentwood School could have competing demands from the VA and veterans would risk having to make double payment to the VA and the veterans.
The VA has consistently maintained it has neither available land on the West LA campus nor funding for additional veteran housing.
“We don’t want to be in a position to be whipsawed between the plaintiffs and the property owner,” Miller said.
We want YOU — to vote for “Long Shadow”
“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
In addition to settlements with the former leaseholders, Carter is trying to fashion the final form of an injunctive relief order. The elephant in the room however is the VA’s reluctance to disclose whether it will appeal the judgment.
Rosenberg on Monday said the decision lies with the Department of Justice. A VA appeal could put the Brentwood School settlement and the emergency housing on ice, lawyers suggested during Monday’s discussions.
“The government’s inability to say that they will or won’t appeal is an impediment,” said veterans’ lawyer Roman Silberberg.
Carter said being unable to talk to the deciders has been a severe handicap.
“I’ve asked (VA) Secretary (Denis) McDonough to come out. He’s not here,” a clearly exasperated Carter said. “Who’s the wizard behind the curtain?”
The judge also asserted his authority to force the housing.
“If I make the order it’s VA’s job to produce,” he said during the hearing.
Missing McDonough
Over the course of Powers v. McDonough, Judge Carter has summoned the VA Secretary McDonough to appear before the court several times, but the Biden cabinet advisor has not answered the call. McDonough is one of many VA secretaries who has left this crisis unsolved throughout the decades. For a full account of the administrations — and all the presidents’ men — who have yet to solve the VA’s unhoused veterans crisis, read “The Land War,” Part Three of Home of the Brave.
Also Monday, Carter played a CNN news video for the court in which, he said, a VA official admitted the agency extended UCLA’s lease at one point so the university wouldn’t sue.
Carter also recounted what he said was a series of messages between UCLA’s strategic planning department, its communication department, and the chief of staff to the chancellor about a freedom of information request and how to keep information out of the press.
“There is a very strong inference,” Carter said, that the chancellor became “complicit” with the VA in keeping information from veterans.
“UCLA is not innocent,” he said, suggesting he could enter the CNN clip as evidence in the post-judgment proceedings.
Carter also ordered the VA to report by Oct. 11 on telecommunications, gas, electric, water, and other infrastructure on paved lots where he wants to place the modular units. And he requested similar information and disclosure of any environmental concerns on unpaved parcels he and experts have also identified for housing.
Carter filings were emergency orders, which he said should bypass normal VA procurement rules, if necessary.
“If we can save one vet’s life… that’s our bottom line,” Carter said.
Carter said the marathon hearings would remain in session until remedies are hammered out.
The next hearing is scheduled for Tuesday, Oct. 8 at 10 a.m.