Court: California Cities Must Let Homeless Sleep On Streets – IOTW Report

Court: California Cities Must Let Homeless Sleep On Streets

CPR: A ruling this month by the 9th U.S. Circuit Court of Appeals which holds it is unconstitutional to ban homeless people from sleeping on the streets is likely to complicate the attempts to crack down on homelessness problems by local governments in California.

While the ruling involved a 2009 law adopted by Boise, Idaho, it is binding on California, which is one of the states under the 9th appellate court, which is based in San Francisco.

“[J]ust as the state may not criminalize the state of being ‘homeless in public places,’ the state may not ‘criminalize conduct that is an unavoidable consequence of being homeless — namely sitting, lying, or sleeping on the streets,’” Judge Marsha Berzon wrote for a three-judge panel.

The finding that the law is a cruel and unusual punishment under the Eighth Amendment was welcomed by activists who have long argued that such restrictions make being poor a crime.

Maria Foscarinis, executive director of the National Law Center on Homelessness & Poverty, told the Idaho Statesman that “criminally punishing homeless people for sleeping on the street when they have nowhere else to go is inhumane, and we applaud the court for holding that it is also unconstitutional.” Her group provided an attorney to the handful of Boise homeless men and women who sued over the city’s law.

If Boise does not appeal the ruling, the 9th Circuit will have expanded on the protections for the homeless that it created in 2007. The appellate panel ruled then that Los Angeles could not ban people from sleeping outside when shelters were full. read more

11 Comments on Court: California Cities Must Let Homeless Sleep On Streets

  1. Sleep, shit, piss; sleep, shit, piss. It’s an unavoidable consequence of being homeless. Repeat. Now it’s legal. The Ninth Circus said it is legal. So it is written, so it is legal. What an affront this Court is to civilized citizens. Break it up with another Circuit Court. Let the Ninth Circuit Court live with a smaller consequence to its Leftist Lunacy.

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  2. Bus them for free to tents set
    up on “the streets” in front of
    the judges homes. I’m sure funding
    from donations of SF business’s where
    they are now sleeping is readily available for the asking.

    3

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