COUNCIL VOTES FOR HOMELESS RULING APPEAL CITY WANTS RETURN OF ARREST OPTION.

Byline: RICK ORLOV Staff Writer

Citing concerns over the long-term impact on its homeless policies, a divided City Council voted Tuesday to appeal a federal court ruling banning the arrest of homeless people sleeping on Los Angeles' streets.

Following a heated, closed-door debate over city policies, the council voted 9-3 to order City Attorney Rocky Delgadillo to appeal last month's decision by the 9th U.S. Circuit Court of Appeals.

The decision came despite emotional comments by several homeless people and their advocates that city law - the most strict in the nation - fails to recognize the shortage of shelters for the homeless.

"What concerns me is that we are criticizing homelessness," said Councilman Jose Huizar, whose district includes one of the largest populations of the city's homeless. "I'm not sure we are taking the right approach to get the services to these people that they need."

Huizar and fellow Councilmen Bill Rosendahl and Jack Weiss voted against filing the appeal.

Councilwoman Jan Perry, whose downtown district includes Skid Row, said she believes the court ruling will end up limiting services to the homeless.

"We want to get this to a larger panel to make sure they get all the information on the problem and what we are trying to do," Perry said. "I'm not sure (the Court of Appeals) heard everything about the protocols used and what we are doing to help people."

In its ruling, the court cited numerous incidents in which homeless people were arrested for resting on streets and said it was illegal for the city to have a 24-hour ban.

It also said the city should not arrest the homeless if there are no shelter beds available - a point of contention between homeless advocates and city officials.

Perry, along with Mayor Antonio Villaraigosa and Police Chief William Bratton, have said the court ruling will not impact a city crackdown on those who prey on the homeless such as drug dealers.

But at the same time the mayor said the ruling addressed issues he has been trying to deal with, such as expanding the affordable housing trust fund to provide temporary shelter for those in need.

Rosendahl, who was unsuccessful in efforts to have the council debate the issue in public, said he was able to win approval of a 60-day study on what other cities are doing to deal with the homeless.

"We agreed to look at what some other cities are doing and different creative approaches in how to deal with the homeless," Rosendahl said. "We should be able to do more than just throw them in jail."

ACLU attorney Peter Eliasberg, who had won the suit against the city, had urged the council to avoid further litigation.

"All the city law does is serve to make the homeless criminals," Eliasberg said. "What happens when you arrest the homeless is they go to Los Angeles County jail, which is hopelessly overcrowded and releasing felons and misdemeanants early because of lack of space.

"What is being served by jailing the homeless?"

Ramona Ripston, executive director of the American Civil Liberties Union of Southern California, said she was disappointed with the council's action and had hoped it would rewrite the city law to comply with the court order.

"We're disappointed the council has decided to continue criminalizing the homeless," Ripston said. "It is the worst ordinance in the country and needs to be rewritten. It is not humane or constitutional. The city should be ashamed of itself."

rick.orlov(at)dailynews.com

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