Marsha S. Berzon, purveyor of a multitude of left-wing pukeworthy rulings.
Posted on 04/20/2019 5:59:53 PM PDT by simpson96
A federal court upheld its previous ruling that cities cannot criminalize homeless people for sleeping outdoors if they have no adequate alternatives.
The 9th U.S. Circuit Court of Appeals, based in San Francisco, rejected a petition Monday for a rehearing from the city of Boise, Idaho, in the case of Martin v. Boise. The court essentially maintained its September 2018 ruling that prosecuting or otherwise punishing homeless people for sleeping on the street if they have nowhere else to go qualifies as “cruel and unusual punishment” and is unconstitutional.
The September ruling applied to all cities in the 9th Circuit’s jurisdiction, which encompasses western U.S. states including California, Washington, Oregon and more.
The case stems from a 2009 lawsuit filed on behalf of six homeless Boise residents that claimed the city’s citations under its “camping and disorderly conduct” ordinances violated the Eighth Amendment, which bars cruel and unusual punishment.
“The ordinances criminalizing sleeping in public places were never a viable solution to the homelessness problem,” Judge Marsha S. Berzon wrote in Monday’s opinion. “People with no place to live will sleep outside if they have no alternative.”
The judge added that putting people in jail was “both unconstitutional … and, in all likelihood, pointless.”
(Excerpt) Read more at huffpost.com ...
Marsha S. Berzon, purveyor of a multitude of left-wing pukeworthy rulings.
As long as they don’s sleep on HER street.
You can sleep any where but don’t park your car on the street over night.
Who determines that? There are ALWAY alternatives to living in the gutter. Shelters abound. Move to a lower cost area. Clean yourself up, get off drugs, and get a job. Go to the Salvation Army.
Most of these bums are either mentally ill or so drug addled that they cannot take care of themselves or are willfully living that way. Either way, they should be moved off the street.
Why a civilization permits its public square to be degraded and become squalid is beyond me. Only a few decades ago, many cities were nice places to raise families.
Who determines that?"
Ever-so-compassionate liberal activist judges will always simply declare that there are "adequate" alternatives.
“Most of these bums are either mentally ill or so drug addled that they cannot take care of themselves or are willfully living that way. “
Once we did. Then the courts said we had to turn them all back on the street.
Turds are OK. Thanks 9th.
Nonsense.
The city can just pass an ordinance making it illegal to sleep on the streets, then can go and cart those in jail who are sleeping on the street.
The judge added that putting peoplesleeping in public places in jail was “in all likelihood, pointless.”
Oh? They’d have a place to sleep.
The liberal judge says to the other judges present: “Hold my arugula smoothie...”
This is why American cities are turning into sh!th*les.
Sweden has
Thanks to a tradition called Allemansrätten (”every man’s right”), anyone is allowed to forage for wild foods and flowers (excepting those that are protected by law), as long as nothing is disturbed or destroyed. The right covers all public parks and forests, and even includes privately-owned land—though it excludes farms and gardens.
I read a while ago that in Los Angeles they created shelters where homeless people can live and sleep, but they did not allow drug use on the premises.
Homeless people did not like that and would not go into those shelters.
There are adequate alternatives.
The *homeless* just don't want the accountability that goes with shelters and rescue missions.
My boss in the 80s told me of growing up in St. Louis in the 40s. The beat cop used his billy club to whack the feet anybody sleeping in a doorway or on a park bench. It got them moving. The Good Old Days.
If they were punished, like they used to be, our streets wouldn’t be the third world filth they are. What isn’t allowed, doesn’t happen. Duh.
This is true. The cops can’t force people off the streets any more. The shelters hav eplenty of beds but they don’t allow sex or drugs or alcohol and they have curfews.
Some of the idiots are considering having “wet shelters” - their name for it - where people can bring their drugs and booze.
But if I, as a Boise resident, sleep in the park instead of in my house, will be arrested?
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