Both Sides Declare Victory In UWS Lucerne Decision: A Breakdown

UPPER WEST SIDE, NY — A New York appeals court unanimously voted to dismiss a lawsuit Thursday from three former residents of The Lucerne to keep men experiencing homelessness from moving to a shelter in the Financial District and on the Upper West Side.

The lawsuit was ruled "moot" since the three petitioners had all moved out of the Upper West Side temporary shelter and into permanent housing during the duration of the court case that has lasted many months.

The court's decision clears the way for the remaining men at The Lucerne, roughly 70 residents, according to Mayor Bill de Blasio, to move to the permanent Radisson Shelter in Lower Manhattan.

While it would be impossible to detail all of the groups and individuals who have stood on separate sides of The Lucerne saga that has gripped the Upper West Side since the end of July, there are a few central organizations and people that represent the opposing camps.

On one side is the West Side Community Organization and its lawyer Randy Mastro.

The nonprofit, which came about through the Facebook group of Upper West Siders who opposed the new homeless shelters in the neighborhood, hired high-profile attorney Mastro to threaten to sue the city and represent them in the ongoing court cases around the issue.

Joining WestCo were lawyers from the city, who were also pushing to have the men moved to the Radisson Shelter, and whose papers the court exclusively considered for its final decision.

On the other side are the three former Lucerne resident petitioners, including Ramone Buford —otherwise known as "Da Homeless Hero"— and UWS Open Hearts, a group that is committed to supporting temporary homeless residents at the different hotels on the Upper West Side.

The reaction to the court's decision on Thursday from the dueling sides, which is expected to be the final in a court case that saw multiple appeals and petitions, was immediate.

Both groups declared victory.

In a statement titled, "WestCo Wins Court Battle," the organization wrote, "West Side Community Organization (WestCo) prevailed today in a nearly year-long court case, allowing the City to transfer hundreds of homeless drug-addicted and mentally ill men from the Lucerne hotel on the Upper West Side to a proper shelter with full services."

Not long after WestCo released its statement, Da Homeless Hero also called the court's ruling a "victory."

"We WON! The goal was to prevent the serial moving by the mayor. EVERYONE knows the Lucerne was a temporary dwelling," he wrote on Twitter. "We were supposed to be there for 6 months and stayed for 10. 100's moved into permanent housing and less than 70 will be going back to the congregate shelter."

My official statement on yesterday's ruling. As you know this was our victory and we're planning a celebration. Stay tuned, it's so much more to come. pic.twitter.com/hJeeoKNzYq
— Da Homeless Hero (@homeless_hero) June 4, 2021

Unsurprisingly, Mastro backed up WestCo's interpretation of the court's decision as a victory, and the UWS Open Hearts group supported Da Homeless Hero's take on the situation.

"We are gratified by today's decision putting an end to this sad litigation saga," Mastro said in a statement. "WestCo's goal has always been to see the men get the services they need. Now that will happen and that's a good thing for all concerned."

The Open Hearts group also pointed to how the months of court battles led to jobs and permanent housing for many of The Lucerne residents, which was an overall win despite the court's eventual decision to move men out of the shelter.

While we are disappointed the court did not consider the merits of the case and the irrational and harmful nature of the city's decision-making, we also think it's important to look back on *how much was won* because @homeless_hero and 2 others stood up to fight. They stopped 1/5 https://t.co/c93Fa6T7Ic
— UWS Open Hearts Initiative (@UWSOpenHearts) June 3, 2021

Included in WestCo's statement about Thursday's decision, were multiple remarks about Buford (Da Homeless Hero), and the service provider for The Lucerne shelter, Project Renewal.

The groups referred to Buford as a "drug addict" and "ex-convict," and included a statement from a Black WestCo member saying Buford stoked "racial tensions with this false race-baiting narrative at a time when this country is having a much-needed reckoning on the treatment of people of color."

Buford is in recovery for alcohol use and was never convicted of a crime, according to a person close to him.

In WestCo's statement, its president Megan Martin said Project Renewal is "less a provider than a warehouser."

Da Homeless Hero made his own comments about WestCo on Friday.

"I appreciate you and all of those who stood up for the men of the Lucerne and thank you for standing with me after the violation that was done to me by that hate group and its lawyer," Da Homeless Hero tweeted Friday in reference to WestCo and Mastro.