People stop city from trashing Lower 9th

In a blatant move to exclude poor and Black people from reconstruction plans four months after Hurricane Katrina, New Orleans city officials are attempting to bulldoze the homes of the Lower Ninth Ward—a center of Black homeownership in the area, and also one of the poorest areas—even though many residents have been unable to return to the area since the hurricane struck.

A statement by the Common Ground collective describes the area: “The Lower Ninth Ward embodies the heart of a community that evolved from African Amer ican families over many generations, and residents share a devotion and pride in their homes and neighborhoods that is becoming more and more scarce across the country.”

On Jan. 5, community activists and lawyers with the Peoples Hurricane Relief Fund (PHRF) protested the bulldozing plans at City Hall, then rushed to the scene of one such demolition in the Lower Ninth Ward. The PHRF had received a tip that city officials were pushing ahead with their plans to bulldoze—in violation of a temporary restraining order made Dec. 28 against the destruction of homes until a hearing in the Civil District Court. The quick response of the activists and lawyers forced the city to back off, halting the bulldozing for that day and agreeing to a meeting the next day before U.S. District Judge Martin Feldman.

Lawyers with the PHRF filed a class-action lawsuit against the city in December, which moved into federal court this week. They assert in the lawsuit that the city would violate the right of due process by destroying property without notifying homeowners or seeking appro val. The judge issued a temporary restraining order in response to this lawsuit, and the city has agreed not to demolish homes until a federal court hearing on Jan. 19.

Meanwhile, reacting to public outrage at its decisions, the city government continues to hem and haw about which homes it has set for demolition. Two weeks ago Chief Technology Officer Greg Meffert of the Department of Safety and Permits said that around 2,500 homes would be demolished within weeks. On Jan. 5, the city released a reduced list of 1,957 homes in imminent danger of collapse, yet that same day New Orleans Mayor Ray Nagin told the press that the authorities planned on moving forward with demolition for less than 100 of those houses—“those that are wrecked, those that are severely damaged or in the public’s right of way.”

Meffert told the City Council that day that the number of homes was close to 120. According to the Times Picayune, “...After he spoke, Chief Deputy City Attorney Evelyn Pugh reminded the council that city law allows structures deemed in imminent danger of collapse to be torn down without consent or even notification of the owner. A Nagin spokeswoman later also said the city does not need an owner’s permission to demolish some homes.”

The Times Picayune newspaper, which back in December requested the list that was only released Jan. 5, reported that city officials could not say which of the 1,957 homes were slated for removal.

FEMA’s role in demolition

Part of the drive to demolish homes early, in complete disregard for the homeowners who have already suffered so much, lies in the hands of the Federal Emergency Management Agency, which has set a deadline of June 30 for FEMA to pay for the total cost of debris removal.

The demolition of homes in one of the poorest areas of the city also comes at a time when state officials are openly stating that they will not focus their recovery efforts on those areas. A Jan. 6 New York Times article reports that “state officials are warning that some low-lying neighborhoods may not be eligible for federal rebuilding assistance.” The article quotes Sean Reilly of the Louisiana Recovery Authority as saying, “Someone has to be tough, to stand up, and to tell the truth. Every neighborhood in New Orleans will not be able to come back safe and viable. The LRA is speaking the truth with the money it controls.”

The Times article reports that last month the authority agreed not to spend money on rebuilding that does not conform to federal flood maps. Because of this, the cost for those in the lowest-lying areas to rebuild their homes—which would have to be built elevated above a flood level—would increase by tens of thousands of dollars, making it virtually impossible for low-income families to rebuild.

Brandon Darby, Common Ground’s Ninth Ward Organizer, explains the reality of the situation in a Common Ground statement: “St. Bernard Parish is less than two miles away. Parts were damaged just a badly there as in the Lower Ninth. Why do the predominantly white communities get FEMA trailers and the freedom to decide what happens to their private property when the predominantly Black Lower Ninth residents have rich businessmen meeting about the future of their homes and communities?”

Community activists and lawyers are demanding that all residents receive notification of demolition, and that no demolition go forward unless residents give permission— “after they have had the opportunity to evaluate their properties and make decisions about how to proceed,” according to a PHRF statement.

Bill Quigley, a law professor at Loyola University who helped file the suit, expres sed residents determination in the New Standard: “If we lose in court, you know, people are not going to stop resisting. They’re going to try and stop the bulldozers by whatever means are necessary.”