XPost: la.general, misc.legal, alt.politics.trump
XPost: sac.politics, alt.politics.republicans, alt.fan.rush-limbaugh
From: leroysoetoro@barackobama.com

https://hotair.com/archives/john-s-2/2019/09/18/los-angeles-will-seek- overturn-boise-ruling-makes-impossible-sanction-homeless/

With nearly 60,000 homeless people in Los Angeles County, there is a
pressing need to do something about the growing crisis. However, a
decision issued last year by the 9th Circuit has tied the hands of police
in dealing with the homeless. Tuesday, the LA County Board of Supervisors
voted to join a legal challenge to that ruling. From the LA Times:

On Tuesday, the supervisors voted to direct lawyers for Los Angeles County
to draft an amicus brief, urging the U.S. Supreme Court to take up a
challenge to Martin vs. City of Boise. The case, decided by the U.S. 9th Circuit Court of Appeals last September, found that arresting or otherwise punishing homeless people for sleeping on the sidewalk when there are not enough shelter beds or housing was unconstitutional.

Supervisor Kathryn Barger, who authored the county’s motion, said the
ruling had “tied our hands” and made serving homeless people more
difficult.

“We are grappling with a problem of unprecedented scale,” she said of the nearly 60,000 homeless people in Los Angeles County, many of them living outdoors. “Now, more than ever, it is critical that we have access to
every tool at our disposal to combat homelessness.”

Two of the five supervisors on the board voted against the proposal saying
they didn’t want to criminalize the homeless. There were also several
dozen speakers at the meeting last night who mostly argued against the
plan:

More than six dozen people spoke out on the issue during the board
meeting, many of them pleading with the board not to support the appeal.
Many said the homeless should not be subjected to citations or prosecution
when they have no other alternatives for housing.

David Busch of the Services Not Sweeps Coalition issued a statement
accusing the board of “working hand-in-glove with (President) Donald
Trump” in a push “to remove the fundamental 8th Amendment constitutional
rights they (the homeless) must rely on to protect themselves.”

The push to overturn the Boise ruling is being led by former Solicitor
General Ted Olson. Olson and his law firm approached the city of Boise and offered to appeal the case for a discounted fee. With the 9th Circuit
already having rejected an appeal, the case would now go to the Supreme
Court:

In April 2019, the 9th U.S. Circuit Court of Appeals did refuse to
reconsider the Boise ruling. But in an unusual dissent, Judge Milan Smith
Jr. said the opinion broke with precedent for the U.S. Supreme Court and
other appellate courts — a clear invitation to the high court to step in,
legal experts said…

In his dissent, Smith, who was joined by five judges on the 9th Circuit,
said that the Boise ruling had begun “wreaking havoc” on local government,
and predicted that it would lead to dropping laws against public
defecation and urination and force cities into ruinous investments in
shelters or housing.

Smith put a photograph of sidewalk tents on a downtown Los Angeles street
into the record, asserting that the Boise decision “shackles the hands of public officials trying to redress the serious societal concern of homelessness.”

Supporters of the Boise ruling, including the lawyer who brought the case
on behalf of six homeless people, argue it makes no sense to arrest and
fine homeless people who have nowhere else to go and no way to pay. They
argue that cities will simply have to build more shelters and, in the
meantime, allow camping in certain designated areas.

I get the apparent futility of it, but the problem I have with the Boise
ruling is it essentially makes homelessness a lawless zone. Not only can
you not tell the homeless they can’t sleep on the sidewalks, it’s not
clear you can do anything to prevent them using the streets as a bathroom either. Essentially, this ruling forces taxpayers to provide land or
housing for every mentally disturbed and addicted person who happens to
turn up in their city. That’s bad for taxpayers but it’s probably bad for
a lot of the homeless who are being told that responsibility for their
lives can be offloaded onto struggling municipalities while they put all
their personal energy into pursuing whatever demons led them into the
streets in the first place.

A decision on whether or not the Court will decide to hear the case is due
in the next few weeks.



--
No collusion - Special Counsel Robert Swan Mueller III, March 2019.

Donald J. Trump, 304 electoral votes to 227, defeated compulsive liar in
denial Hillary Rodham Clinton on December 19th, 2016. The clown car
parade of the democrat party ran out of gas and got run over by a Trump
truck.

Congratulations President Trump. Thank you for cleaning up the disaster
of the Obama presidency.

The Obama-led Committee on Foreign Investment in the United States (CFIUS) approved Uranium One in fall 2010. With a little luck, we'll see
compulsive liar Hillary Clinton in jail before she dies.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp.

Obama increased total debt from $10 trillion to $20 trillion in the eight
years he was in office, and sold out heterosexuals for Hollywood queer
liberal democrat donors.

--- SoupGate-Win32 v1.05
* Origin: www.darkrealms.ca (1:229/2)