Judge allows Mayor Cantrell's emergency French Quarter trash contract to proceed

Legal Battle Over French Quarter Sanitation Continues

In a recent development, Orleans Parish Civil District Court Judge Sidney Cates denied a request for a preliminary injunction that would have halted the city of New Orleans from switching sanitation providers in the French Quarter at the end of this month. This decision allows Mayor LaToya Cantrell’s administration to proceed with its new emergency contract, which will assign the sanitation duties to Henry Consulting, a company led by businessman Troy Henry.

The lawsuit in question targeted the mayor’s emergency sanitation contract for the French Quarter. The original contract had been awarded to IV Waste, a company owned by Sidney Torres IV, which has provided effective service to the district under an emergency contract that began last December and was originally set to last for one year. However, in April, the mayor announced the termination of IV Waste's contract as of July 31, replacing it with the new agreement with Henry Consulting.

Since last fall, the New Orleans City Council has consistently refused to approve a long-term, seven-year, $73 million contract awarded to Henry’s firm. This refusal led to legal challenges. The situation escalated when, as Mardi Gras and the Super Bowl approached, no contractor was in place to handle garbage collection in the iconic French Quarter. In response, the mayor declared an emergency, leading to IV Waste taking over the sanitation duties. This arrangement gained widespread public support within the community.

Trey Monaghan, operator of Molly’s on the Market, a bar in the French Quarter, expressed his support for IV Waste. “Every one of my neighbors, up and down the street, have signs up that say, ‘Keep IV Waste.’ And that’s for good reason,” he said.

During the civil court hearing, Charles Rice, the attorney representing the mayor, argued that the emergency declared during the Super Bowl and Mardi Gras periods had ended. He explained that the mayor decided to terminate IV Waste’s services after the events concluded. However, due to the original contract still being tied up in appeals, Rice stated that the mayor declared another emergency, resulting in the signing of the new emergency contract with Henry Consulting on July 9. Rice emphasized that this latest contract was intended to ensure continuity of service.

A key argument in the lawsuit filed by a French Quarter resident and a restaurateur claimed that the mayor had fabricated the emergency, failed to follow proper procurement procedures, and essentially awarded Henry Consulting a no-bid contract. Louisiana Attorney General Liz Murrill echoed these concerns in a separate amicus brief filing.

Before issuing his ruling, Judge Cates acknowledged the complexity of the case, stating, “This is a tough call.” He noted that there was no dispute regarding the legitimacy of the emergency declared in December when the initial contract with IV Waste was signed. However, he expressed uncertainty about whether the mayor had orchestrated the more recent emergency to facilitate the contract with Henry Consulting.

Despite these concerns, Judge Cates decided not to grant the plaintiffs’ request for a preliminary injunction, which would have prevented Henry Consulting from starting work in the French Quarter. The mayor’s attorney, Charles Rice, stated that the judge confirmed the mayor followed the law in signing the emergency contract with Henry Consulting.

The City of New Orleans issued a statement following the judge’s ruling, emphasizing that there would be no interruption in service to the area. The city reiterated its commitment to working with all parties to achieve the best outcomes for residents and continued its focus on moving New Orleans forward together.

Attorneys for the plaintiffs indicated they respect the judge’s decision but mentioned the possibility of an appeal. Rick Stanley, an attorney for the plaintiffs, stated, “We think the evidence is clear that there was no legitimate emergency. So, if we take it up, we’ll ask the appellate court to take a look at that.”

Wednesday’s decision marks another step in the ongoing legal battles. The New Orleans City Council’s appeal of the original French Quarter garbage contract is scheduled for a hearing at the Fourth Circuit Court of Appeal in August.