Jones v. City of Los Angeles

The actual text of the 9th Circuit Court (of which Eugene is a part) settlement is quoted below.  Because it is a “settlement” (not a “decision”)  it does not establish precedent.  However, it clearly states the belief of the court and the court would typically come to the same conclusion in a similar case.

APPENDIX B: Text of Jones v. City of Los Angeles Settlement Agreement
JONES V. CITY OF LOS ANGELES
Settlement Agreement
It is hereby agreed among Appellants and Appellees (collectively, “the
Settling Parties”) in Jones v. City of Los Angeles, Case Number 04-55324 in the
United States Court of Appeals for the Ninth Circuit:
1. The Los Angeles Police Department will issue a policy directive stating that
it will not enforce Los Angeles Municipal Code (“LAMC”) section 41.18(d)
between the hours of 9:00 p.m. and 6:00 a.m., except as set forth in Paragraphs
2 and 3 below. The Los Angeles Police Department will keep this policy in effect
and operate according to this policy until an additional 1250 units of permanent
supportive housing are constructed within the City of Los Angeles, at least 50 per
cent of which are located in Skid Row and/or greater downtown Los Angeles.
These units shall be constructed as housing for current or formerly chronically
homeless persons and shall not include housing units already existing as low
income housing units and/or occupied as low income housing within the past 6
months.
2. LAMC section 41.18(d) will be enforceable at all times at locations within
ten (10) feet of any operational and utilizable entrance, exit, driveway or loading
dock.
3. Measurement of Distance
a) Entrance/Exit to Building: 10 feet measured perpendicularly from the outer
edges of the opening, along the exterior wall of the building, and from those
points the area encompassed by the measurement shall extend to the curb line.
b) Entrance/Exit to Parking Lot: 10 feet measured perpendicularly from the
outer edges of the driveway, and from those points the area encompassed by the
measurement shall extend to the curb line.
c) Loading Dock: 10 feet measured perpendicularly from the outer edges of
the opening, whether raised or not, and from those points the area encompassed
by the measurement shall extend to the curb line.
4. No person shall be cited or arrested for a violation of LAMC section
41.18(d) unless a peace officer for the City of Los Angeles has first given the
person a verbal warning regarding such section and reasonable time to move
and the person has not complied with that warning.
5. The Settling Parties agree that this Settlement Agreement is limited to
LAMC section 41.18(d) as presently codified and will not apply to any ordinance
enacted by Appellee City of Los Angeles in the future, nor will this Settlement
Agreement serve to limit Appellee City’s right to repeal or amend said section.
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6. Upon the Settling Parties’ execution of this Settlement Agreement, the
Settling Parties shall file a joint motion in the Ninth Circuit pursuant to Federal
Rules of Appellate Procedure, Rule 42(b) seeking to:
vacate the Ninth Circuit opinion (Jones v. City of Los Angeles, 444 F.3d 1118
(9th Cir. 2006)) as moot; and
remand to the District Court for further proceedings in accordance Paragraph 7 of
this Settlement Agreement.
If the Ninth Circuit does not grant the joint motion in its entirety, this Settlement
Agreement is rendered void in its entirety.
7. Upon remand from the Ninth Circuit pursuant to Paragraph 6 of this
Settlement Agreement, Plaintiffs-Appellants will dismiss the action with prejudice
against all defendants.
8. The Settling Parties reserve all rights regarding recovery of attorneys’
fees.
_____________________________
Carol A. Sobel, Esq.
For Plaintiffs-Appellants
______________________________
Mark Rosenbaum, Esq.
For Plaintiffs-Appellants
______________________________
Richard H. Llewellyn, Jr., Esq.
For Defendants-Appellees

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