Ordinance Prohibiting Homeless from Sleeping in Public Places is Unconstitutional
A federal court of appeals recently found a City ordinance that made it a crime to camp on public and private property to be in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. Martin v. City of Boise, No.15-35845 (9th Cir. Sept. 4, 2018).
A Boise, Idaho ordinance outlawed the use of any streets,
sidewalks, parks, or public places for camping as well as occupying, lodging or
sleeping in any private or public building without the permission of the
owner. It was later amended to apply only on nights when there were no available
beds in local shelters. After plaintiffs were arrested under the ordinance, all of
whom were homeless at the time, they filed a lawsuit claiming that the law was unconstitutional because it
criminalized the mere conduct of sitting, lying and sleeping in public.
The Ninth Circuit Court of Appeals agreed, finding such conduct
to be a universal condition of being human and an unavoidable consequence of
being homeless. The court relied on the United States Supreme Court’s
decision in Robinson v. California which declared unconstitutional
a state statute making it a crime to be addicted to narcotics because it
criminalized the status of being an addict, rather than the conduct emanating
from the addiction. Similarly, the Boise ordinance punished individuals
for engaging in activities that were unavoidable on nights when there were no
other available alternatives due solely to their status as homeless
persons.
While this decision applies only in the Ninth Circuit, it
mirrors decisions in other federal district courts and may be instructive as to
how the Seventh Circuit might treat challenges to similar municipal ordinances
in Illinois, including cases brought under the State’s Bill of Rights for the
Homeless Act.
Post Authored by David Warner, Ancel Glink
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