Source: LA Times
The city of Los Angeles was bitch-slapped by the U.S. 9th Circuit Court of Appeals, in a 2-1 decision for arresting homeless people who are sitting, lying, or sleeping on public sidewalks.
The court ruled that arresting them as "an unavoidable consequence of being human and homeless without shelter" violates the constitutional prohibition against cruel and unusual punishment.
Los Angeles' policy of arresting homeless people for sitting, lying or sleeping on public sidewalks as "an unavoidable consequence of being human and homeless without shelter" violates the constitutional prohibition against cruel and punishment, a federal appeals court ruled today.
The U.S. 9th Circuit Court of Appeals, in a 2-1 decision, decided in favor of six homeless persons, represented by the American Civil Liberties Union of Southern California. The suit challenged the city's practice of arresting persons for violating a municipal ordinance, which states that "no person shall sit, lie or sleep in or upon any street, sidewalk or public way."
The appeals court ruled that the manner in which the city has enforced the ordinance has criminalized "the status of homelessness by making it a crime to be homeless," and thereby violated the 8th Amendment to the U.S. Constitution.
City officials had no immediate comment on the ruling, but it appeared that the decision could have significant ramifications for the city's policy on the burgeoning problem of homelessness.
I have huge problems with how the city of LA is handling their homeless persons issue. The magical answer is criminalizing homelessness? Give me a freakin' break.
This is America; we are supposed to help our fellow man by picking them up when they fall.
I know the classic argument in this case. "These people aren't trying."
OK, I concede that some may just not be trying anymore.
However, what about the single mother who lost her apartment to a fire and is having difficulty finding a new apartment which will take her and her 5 kids? Many states have laws that limit the amount of people per square feet, and landlords are often less than accommodating.
There is also the issue of more people being homeless than beds to accommodate them. In LA for example, 11,000 to 12,000 homeless people live in an area known as Skid Row. Six-thousand to 8,000 beds may be available on a first-come, first-serve basis.
Do the math...this problem is a rather simple one.
There are many good people out there who are trying and have fallen under bad luck. We, as a society, cannot give up on these people.
We also cannot take the easy route and just make "being homeless in plain sight of those who have wealth" a crime.
I'm beyond disgusted and disappointed that again, as Americans, we have let down our fellow countrymen in their time of need.
Tags: [Los Angeles], [homeless problem], [LA told by courts that they cannot treat homelessness as a punishable crime]
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