Hispanic Heritage Month and veterans converge

It's Hispanic Heritage Month again. This year Arcadia Bandini de Stearns Baker is the topic. Her bequest to veterans 150 years ago is at the center of an ongoing legal struggle to house homeless veterans. Last Friday, a federal judge ruled in favor of Arcadia's wishes.

Arcadia Bandini

Arcadia was the daughter of Juan Bandini. Juan, the owner of vast lands, supported the Americans when the United States took control of California from Mexico in 1846. Arcadia and her two sisters, considered the three most beautiful girls in California, are credited with using their own clothes to make the first American flag, raised in Old Town Plaza in San Diego.

Arcadia married well...twice. According to author Eileen V. Wallis's article in The Historical Society of Southern California, Arcadia "ruled Los Angeles society during the 1850s and 1860s." Americans such as Abel Stearns married into ranching families and played an active role in California politics. Stearns was Arcadia's first husband. The 1841 marriage was arranged by Arcadia's father when she was 14 years old and he was either 40 or 43 years old. Arcadia and Stearns built their home, El Palacio, in Los Angeles. Stearns died in 1871.

Arcadia's second marriage was to Colonel Robert S. Baker in 1875. They lived in Ocean Cottage in Santa Monica. Baker died in 1894, but Arcadia lived until 1912.

Combining what she inherited from her husbands with her family wealth, Arcadia accumulated a massive fortune of her own. She was a powerful presence in Los Angeles and Santa Monica society and charity work. Wealthy women such as Arcadia were known as Californianas.

In 1887, Arcadia donated a huge swath of her land, about 388 acres, to the United States to be used as a home for disabled veterans. Today, that land is known as the West Los Angeles VA Medical Center.

The original deed

The original deed states: ". . .Witnesseth, that whereas by an act of Congress approved March 2^nd 1887, to provide for the location and erection of a branch home for disabled volunteer soldiers West of the Rocky Mountains, the Board of Managers of the National Home for Disabled Volunteer Soldiers were authorized, empowered and directed to locate, establish, construct and permanently maintain a branch of said National Home for Disabled Volunteer Soldiers... "

Use of Arcadia Bandini de Stearns Baker's gift for veterans

For about 80 years, Arcadia's bequest was used to provide permanent homes for tens of thousands of veterans with disabilities. The campus's first residents were Civil War veterans. They resided on the medical campus and had access to necessary and therapeutic services. Originally the veterans were housed in barracks, but during the 1920s, dormitories were built. The campus had a trolley, a post office, a library, a chapel and daily band performances and lectures. Educational and vocational activities for veterans were provided. The veterans grew vegetables and tended orchards; what they didn't consume themselves, they sold. There were athletic facilities and a baseball team.

Soldiers returning from World Wars I and II had different needs than Civil War veterans, and the campus evolved accordingly. Whereas earlier generations needed housing, newer veterans were much more likely to require medical care, largely due to the implementation of mechanized warfare and toxic gases. Therefore, the campus was reoriented to prioritize the provision of short-term medical care that facilitated reentry into society.

Vietnam War veterans suffered higher rates of psychological wounds than their predecessors. Their psychological wounds resulted in higher rates of homelessness for Vietnam Veterans than other veterans of foreign wars.

During the 1960s, the Veterans Administration, the precursor to today's Department of Veterans Affairs, stopped accepting new residents. By the 1970s, the property fell into disuse. According to a pleading in a current lawsuit, the VA took this action without authorization from Congress and in response to homeowner complaints from affluent communities bordering the campus. The once-thriving neighborhood that housed 5,000 veterans at its peak in the 1950s fell into disuse just two decades later when the VA began leasing land on the campus to private commercial interests.

In 1988, homeless veterans were unsuccessful in trying to regain access to the West Los Angeles campus for housing. Several surrounding homeowner groups mobilized against the plan. The president of the Brentwood Homeowners Association commented at the time: "We know there is a homeless veteran problem out there, but the Veterans Administration property is not the place to solve it."

A 2018 Inspector General report states that the VA leased out much of the land that previously housed veterans. On the campus were the Brentwood School, Marriott Laundry Services, a UCLA baseball stadium, 20^th Century Fox TV, Westside Breakers Soccer Club, Westside Services Parking, TCM Farmers Market and Filming Agreement ESAs. A 2023 court order states the leases generated millions of dollars in profit with "little direct benefit to veterans."

The 2011 lawsuit

In 2011, severely disabled veterans with mental disabilities, brain injuries or both sued the then-Secretary of the United States Department of Veterans Affairs, Eric Shinseki, and later Secretary Robert McDonald for non-compliance with various contracts, statutes and Arcadia Bandini de Stearns Baker's land grant. In January 2015, the plaintiffs entered into an agreement with the VA under which the VA agreed to draft and implement a Master Plan to provide housing and supportive services for veterans on the West Los Angeles Campus. Pursuant to the Master Plan the VA agreed to build 1,200 Permanent Supportive Housing units for veterans on the campus, 760 of which were to be completed by 2022. Later, the VA increased the number of promised housing units to 1,400.

Congress okayed outside leases

Congress enacted the West Los Angeles Leasing Act of 2016. [Pub. Law 114-226; 38 U.S. Code § 8162]. It was introduced by California Senator Dianne Feinstein and supported by California Senator Barbara Boxer and California Member of Congress Ted Lieu. The statute authorized the VA to enter into leases on the West Los Angeles property that would principally benefit veterans. But as you will read below, something quite different happened.

In reading the transcript of the 2015 congressional hearings, and considering an ongoing legal action, it appears as if the bill's supporters may have been misled by the VA. This is what the VA told Congress: "First, it will allow VA to enter into agreements with housing providers, local governments, community partners, and nonprofits to provide housing and services for those veterans and their families that are homeless or at risk for homelessness. Second, it will allow VA to revitalize the campus into a rich and vibrant community that puts the needs of veterans first in a manner consistent with VA's ongoing efforts to complete a new Master Plan for the campus. And third, it will ensure the campus honors the underlying deed that transferred the property to the Federal Government in 1888 to be a safe, welcoming, and healing environment for veterans."

The American Legion supported the bill, but cautioned Congress that "VA has continued to fail to provide answers regarding accounting of funds collected from commercial tenants of the West Los Angeles VA facility when the organization violated land use agreements." Paralyzed Veterans of America supported the legislation, stating it would allow the VA to enter into long-term leases "for the sole purpose of providing supportive housing to veterans." Iraq and Afghanistan Veterans of America's support was accompanied by a comment that "the West L.A. campus is poised to create a strong community for veterans. It is time the VA utilize this space and support from the community for its original purpose." Veterans of Foreign Wars noted that "over time, VA lost sight of the that intent and leased out parts of this property--over 300 acres--to private entities and has made little to no repairs or improvements for the veterans it was intended for. This bill returns this property to its veterans." U.S. VETS told Congress that the legislation gives the VA authority to enter into leases "for the sole purpose of providing supportive housing" for veterans.

The 2021 Inspector General Report

The 2016 statute requires that the VA Office of Inspector General must submit a report to Congress on all leases of the West Los Angeles campus. In 2021, the Inspector General reported that the VA's progress on building 1,400 permanent housing units consisted of only the 55 units that were completed in 2017. As of July 2021, additional units were under construction. The VA informed the Inspector General it expects to complete the promised construction within the next 17 years.

Additionally, the Inspector General found that seven of the outside leases did not comply with the 2016 statute. Generally, non-compliance was because the leases were not veteran-focused.

The 2022 lawsuit

The plaintiffs in the 2022 action are homeless veterans who range in age from 36 to 85. They suffer from serious brain injuries and mental illness. They have lived in tents, cars, tiny sheds or on sidewalks.

Some lived on "Veterans Row," a community of homeless veterans just outside the West Los Angeles campus. That was until the Los Angeles Sheriff's office brought in a bulldozer that made its way down the line, clearing the tents.

In the 2022 action, the plaintiffs have seven claims, both as individuals and as class representatives. Three involve violation of the Rehabilitation Act [29 U.S.C. § 701 et seq.]. Two allege breach of duty as trustee of a charitable trust, one alleges violation of the 2016 leasing act and the last requests an accounting.

The defendants include the current Secretary of the VA, Denis McDonough and two directors of agencies in Los Angeles. Last year, the plaintiffs amended their complaint to add the current Secretary of the Department of Housing and Urban Development [HUD], Marcia Fudge.

The action is now active in court. On July 15, the federal judge presiding over the current action granted plaintiffs' motion for summary judgment in part, stating: "The Court grants Plaintiffs' motion that the VA's practice of leasing its land to third-party housing developers who use restrictive income limitations facially discriminates against veterans based on their disabilities. Further, the Court holds that the government's acceptance of the land transferred under the 1887 Deed created a charitable trust, and the VA has enforceable fiduciary duties to veterans under the charitable trust. All other issues in this case will be decided at trial."

Last Friday, federal Judge David O. Carter ordered the VA to build more than 2,500 housing units for low-income veterans. Judge Carter held that certain leases, such as the ones with UCLA and the exclusive Brentwood School on the VA property are illegal because they don't principally serve veterans.

Conclusion

Arcadia Bandini de Stearns Baker, a Mexican American woman said to be of kind and generous heart, gave the land in West Los Angeles to the government to provide homes for veterans with disabilities. When Arcadia made the gift, she directed the government "to locate, establish, construct and permanently maintain" homes for disabled veterans on the 388 acres. The government did just that on the land, which is about half the size of Central Park, until the 1970s. 

A 2022 CNN report by Nick Watt quotes an Iraq War veteran who was waiting to receive treatment for his post-traumatic stress disorder. The veteran was remarking on the 22 acres of the donated land that the VA leases to the Brentwood School: "When you see people who raise their right hand to serve our country sleeping and dying on the street, and you have one of the most elite private schools in the country charging $40,000 per year per student, and they have immaculate amenities and the veterans are living in squalor, it just doesn't make any sense." The veteran added: "I've dealt with quite a few veterans dying right outside the gates of the VA." The veteran showed the reporter a postcard written in 1909 about the campus. On the back is handwritten: "The home of 3,000 soldiers, Numerous Government bldgs.. . .it is certainly a beautiful place."

The CNN report also quotes the great-great-granddaughter of Arcadia's sister: "It's scandalous. It wasn't given to anybody but veterans. For a home." She pondered why the VA stopped housing veterans: "I think it was after the Vietnam War, the tone towards veterans changed."

Is she right? Could the closing of Arcadia's legacy to homeless disabled veterans be yet another sad aftereffect of the Vietnam War? Perhaps. But as we have learned, the trend of soldiers returning from war with grave mental illnesses and traumatic brain injuries continued into the most recent wars in Iraq and Afghanistan.