Santa Ana Repeals Law in Homeless Dispute

Confronted by a civil rights lawsuit, the Santa Ana City Council on Tuesday repealed an ordinance used by code enforcement officers in efforts to evict more than 100 homeless people who crowd into a house used as a shelter.

The city attorney’s office was instructed by the council’s motion to find other ways -- either by drafting a new city law or applying existing ones -- to limit the operations of the shelter, known as the Isaiah House and operated by Catholic Worker.

The council did not discuss the issue.

City officials had sought in August to restrict the shelter’s activity by enforcing a law banning missions outside industrial zones. On behalf of the shelter, attorneys from 14 law firms filed a federal lawsuit against Santa Ana last month, alleging that the city’s enforcement violated religious freedom.

Before Tuesday’s council meeting, City Atty. Joseph W. Fletcher said he recommended that the council rescind the law addressing missions to make clear that the city was not seeking to restrict religious activity.

Unresolved, however, is how the city will address the shelter.

Attorneys for Isaiah House said they would not drop their lawsuit until the city assured the operators that they could continue their work.

“Repealing does not mean repenting,” said Ed Connor, an attorney representing Isaiah House. “What the city is really saying is, ‘We are going to figure out a way to accomplish the same thing in different ways.’ They want to fall back and regroup and fight another day.”

The council rescinded the ordinance on a 5-0 vote, with members Mike Garcia and Alberta Christy absent.

The ordinance will remain in place until 30 days after a second vote, in which the council will reaffirm its decision.

Before the meeting, Councilwoman Lisa Bist said neighbors have told her that shelter visitors sleep on the streets and urinate on the lawns on Cypress Street.

Shelter staffers have said their clients are well-behaved and don’t bother neighbors.