• Supreme Court Won't Hear Case To Ticket Homeless For Sleeping In Public

    From Leroy N. Soetoro@1:229/2 to All on Thursday, December 19, 2019 23:05:24
    XPost: alt.business.multi-level.scam, alt.fan.states.idaho, alt.politics.usa.constitution
    XPost: sac.politics, alt.politics.republicans, talk.politics.guns
    From: leroysoetoro@barackobama.com

    https://www.npr.org/2019/12/16/788435163/supreme-court-wont-hear-case-to- ticket-homeless-for-sleeping-in-public-spaces

    The Supreme Court on Monday declined to hear an appeal in a case
    originating from Boise, Idaho, that would have made it a crime to camp and sleep in public spaces.

    The decision to let a ruling from the 9th Circuit Court of Appeals stand
    is a setback for states and local governments in much of the West that are grappling with widespread homelessness by designing laws to regulate
    makeshift encampments on sidewalks and parks.

    The case stems from a lawsuit filed nearly a decade ago. A handful of
    people sued the city of Boise for repeatedly ticketing them for violating
    an ordinance against sleeping outside. While Boise officials later amended
    it to prohibit citations when shelters are full, the 9th Circuit
    eventually determined the local law was unconstitutional.

    In a decision last year, the court said it was "cruel and unusual
    punishment" to enforce rules that stop homeless people from camping in
    public places when they have no place else to go. That means states across
    the 9th Circuit can no longer enforce similar statutes if they don't have enough shelter beds for homeless people sleeping outside.

    Los Angeles attorney Theane Evangelis, who is representing Boise in the
    case, argued the decision ultimately harms the people it purports to
    protect because cities need the ability to control encampments that
    threaten public health and safety.

    "Cities' hands are tied now by the 9th Circuit Decision because it
    effectively creates a Constitutional right to camp," Evangelis told NPR in
    an emailed statement.

    In court documents, lawyers for Boise said, "Public encampments, now
    protected by the Constitution under the Ninth Circuit's decision, have
    spawned crime and violence, incubated disease, and created environmental hazards that threaten the lives and well-being both of those living on the streets and the public at large."

    Major west coast cities and counties with soaring homeless populations had backed Boise in its petition, including Los Angeles County, where the
    number of people without a permanent place to live has jumped by 16% in
    the last year.

    As NPR reported, California is where nearly a quarter of the country's
    homeless population live.

    The homeless and their advocates say ticketing homeless people does
    nothing to solve the bigger housing crisis.

    "Paying lawyers six figures to write briefs is not really going to build
    any more housing," said Howard Belodoff, a Boise civil rights attorney.

    The Department of Housing and Urban Development found that more than
    550,000 people experienced homelessness on a single night in January 2018.
    Of those, nearly 200,000 were unsheltered.

    The case now returns to the 9th Circuit. The city of Boise says it's
    evaluating its next steps.



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