Hearing to modify injunction against clearing of encampments continues Monday

On Monday, a hearing to discuss potential changes to an injunction which limits the city of Albuquerque’s ability to sweep encampments from public property continued for the second day.

But it is yet to be seen what changes will be made to the order.

The injunction went into effect Nov. 1, in response to a lawsuit filed in 2022 against the city in the 2nd Judicial District Court, alleging violations of the constitutional rights of several homeless people in Albuquerque.

The injunction limits the circumstances under which city employees can ask homeless people camping on public property to move. The case has a trial date set for August.

The New Mexico Supreme Court asked for clarification of the scope of the injunction after holding a hearing on it in December.

Judge Joshua Allison, who wrote the document, said a modified injunction is coming — it just “won’t be today.”

Lawyers for the city of Albuquerque proposed several carve-outs to address the “pragmatic implications” of the preliminary injunction, and asked several questions about specific limits on the order.

“The city needs answers to be able to comply with the injunction and train its folks,” said attorney John Anderson.

Martha Mulvany, an attorney representing the plaintiffs — a group of unhoused people living in Albuquerque — requested that the city provide a list, map or other proposal of alternative outdoor spaces for people to stay if asked by the city to move.

“If there are vacant lots where people can go, where are they?” Mulvany said. “We would like to see them. ... We can put that information together and determine the effect of the restrictions.”

The hearing came up at a Monday City Council meeting, when District 6 Councilor Nichole Rogers asked for copies of the scripts and procedures surrounding the injunction that are distributed to city departments. Rogers said she worried about a lack of “coordinated responses” to the injunction.

“We need that guidance,” Rogers said.