NY Times: Laws Punishing Homeless People for Sleeping in Public Are Cruel and Unusual, Court Rules
Prosecuting homeless people for sleeping on the streets when there is no shelter available is a form of cruel and unusual punishment that violates the Constitution, a federal appeals court said this week.
The case stems from two ordinances in Boise, Idaho, that make it a crime to sleep or camp in buildings, streets and other public places. Six homeless people who had been convicted under the laws sued the city in 2009, saying their constitutional rights had been violated.
After years of legal wrangling, a three-judge panel of the United States Court of Appeals for the Ninth Circuit said in a 32-page opinion on Tuesday that Boise’s ordinances “criminalize the simple act of sleeping outside on public property, whether bare or with a blanket or other basic bedding.” The panel added that “a municipality cannot criminalize such behavior consistently with the Eighth Amendment when no sleeping space is practically available in any shelter.”
In their summary of the opinion, the judges wrote, “As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
I wish the Supreme Court would take up the issue. The Ninth Circuit applies to states on the west coast. Homelessness is especially dangerous up here in Michigan, as people have frozen to death because shelters wouldn’t allow sex offenders in. When a big cold snap hits, often the only way a homeless sex offender can survive is by committing a minor crime with the sole purpose of getting caught and having a bed in the county jail to sleep in. The same community wouldn’t stand by and allow a dog to be treated like that.
Now if that will just trickle down to Miami-Dade.
They forgot 3 key words………….
EXCEPT SEX OFFENDERS
That’s only in Miami-Dade. This will be a good persuasive precedent to attack that, though.
Nothing will improve in Miami-Dade, or the rest of Floriduh, as long as the bookends are in power. I don’t see that changing in the next 4 years.
Agreed. Use everything and anything possible.
The fact that it DIDN’T say “Except Sex Offenders” means SO MUCH !!!!!!. . Now “Law Enforcement” can’t use ANY excuse to Harrass “Homeless Sex Offenders” for sleeping outside or on “Public” land !!. Hopefully this will pass in Florida !!.
Come on guys. This decision will give us more ammunition When we go to court in October! I feel in my gut that we will provide in Miami Dade County. will see Hopefully i’m right… F the Books.
I think Miami-Dade’s ordnance drives the point home even harder because the government local government doesn’t allow registrants in shelter then criminalizes camping outside. I would hope the injustice in that is visible to the court
The underlying case is helpful to the Miami-Dade SORR Challenge