Even Mayor London Breed was out shouting down the opposition at a Wednesday morning protest and counterprotest before an appeals hearing on the SF encampment sweep ban, but the Ninth Circuit Court of Appeals ignored the protesters and rendered no decision today.

An odd morning for San Francisco Mayor London Breed, who at 11 a.m. was all smiles for an IKEA grand opening ribbon-cutting ceremony, yet 90 minutes before, was screaming into a microphone at a protest and counterprotest over the federal injunction to halt all homeless encampment sweeps. That injunction be the subject of an appeal from the City Attorney’s office Wednesday before the Ninth Circuit Court of Appeals.

Breed blasted U.S. Chief Magistrate Judge Donna Ryu for issuing the injunction, saying Ryu “doesn’t even live here,” according to the Chronicle, and added, “It is not humane to let people live on our streets in tents, use drugs. We have found dead bodies, we have found a dead baby in these tents.”


(And just for political intrigue, we will note that Breed is flanked in the photo below by supportive supervisors Matt Dorsey, Joel Engardio, and Rafael Mandelman. Yet the Chronicle also reports that Supervisor Ahsha Safai was there too, though he was not allowed to stand next to Breed in the photo op, for I don’t know, whatever reason.)


Both the protest and counterprotest were clearly not organic, and were highly organized by both sides. Someone definitely paid money for these slick “End the Injunction” banners. But both sides got what they wanted, which was a chance to get their angry ya-ya’s out, at one point trying to shout one another down with dueling, simultaneous, similarly syncopated chants of “Save Our Streets” versus “Stop the Sweeps.”


But this political theater did not affect the deliberations of the appeals court. This is a separate body than Judge Ryu’s court, and the appeals panel contains Trump appointee Judge Patrick Bumatay, and two Biden appointees, Lucy Koh and Roopali Desai. If you’re a legal nerd, video of today’s courtroom proceedings can be seen below.

Arguing for the city, Deputy City Attorney Wayne Snodgrass told the appeals court that “the preliminary injunction is excessively vague,” according to Mission Local. “This is a crisis.”

The attorney for the ACLU and Coalition on Homelessness, who brought the case, told the judges, "The factual record shows the city has engaged in widespread constitutional misconduct. The city is free to go back to the district court and ask for a modification of the injunction,” as Courthouse News reports.

Yet for all the pre-hearing histrionics, there was no decision Wednesday. A clerk closed out the afternoon saying  “This case is submitted and we are adjourned for the day.” The appeals court’s decision might not even come for several months.

But that doesn’t necessarily mean the status quo will remain in place, and the nature of this could all change again Thursday. A separate Chronicle report notes that Judge Ryu will hold hearings Thursday that could potentially scale back the injunction and allow sweeps in certain situations.

Related: SF Rejects ACLU's Surprise Settlement Offer in Lawsuit Against Homeless Sweeps [SFist]

Image: @RafaelMandelman via Twitter