Homelessness Not Illegal, Court Rules
PASADENA, Calif.
April 14
Appeals Court Bars Arrests of Homeless in Los Angeles
A federal appeals court in Pasadena, Calif., has ruled that arresting homeless people for 'sitting, lying or sleeping' on sidewalks is unconstitutional.
In a 2-1 decision Friday, the U.S. 9th Circuit Court of Appeals decided in favor of six homeless persons, represented by the American Civil Liberties Union of Southern California.
The appeals court ruled that the manner in which the city has enforced the ordinance by arresting homeless people, has criminalized 'the status of homelessness by making it a crime to be homeless' in violation of the Eighth Amendment.
In her ruling, Judge Kim McLane Wardlaw said Los Angeles` skid row has the highest concentration of homeless individuals in the United States. She said about 11,000 to 12,000 homeless people live in skid row, far exceeding the number of available shelter beds at all time.
It is unusual for a plaintiff to win a case based on the Eighth Amendment to the Constitution, which bars cruel and unusual punishment, the newspaper reported.
April 14
Appeals Court Bars Arrests of Homeless in Los Angeles
A federal appeals court in Pasadena, Calif., has ruled that arresting homeless people for 'sitting, lying or sleeping' on sidewalks is unconstitutional.
In a 2-1 decision Friday, the U.S. 9th Circuit Court of Appeals decided in favor of six homeless persons, represented by the American Civil Liberties Union of Southern California.
The appeals court ruled that the manner in which the city has enforced the ordinance by arresting homeless people, has criminalized 'the status of homelessness by making it a crime to be homeless' in violation of the Eighth Amendment.
In her ruling, Judge Kim McLane Wardlaw said Los Angeles` skid row has the highest concentration of homeless individuals in the United States. She said about 11,000 to 12,000 homeless people live in skid row, far exceeding the number of available shelter beds at all time.
It is unusual for a plaintiff to win a case based on the Eighth Amendment to the Constitution, which bars cruel and unusual punishment, the newspaper reported.
posted by Alice at Tuesday, April 18, 2006
2 Comments:
Thanx for the info... Needs more attention though. The enforcement agencies need to wise up and lay off. It'll take more awareness of the common folk to help pass the info on for the rest of them to get it.
I can relate to most experiences after 15 years of coping with economic imbalances. After being put out of business from new law changes, I have been opposing the economical trend that has resulted in our current conditions. At 60+, employment isn't plentiful and I live in a RV. If you can relate to some of the conditions that I have dealt since 1990, then you know how the very causes of our problems, handicap our ability to progress in improving or correcting those problems I.E. communicate reliably, make appointments punctually or at all, and proceed with follow-ups after diligent work seeking potential help etc.
The one thing in common, attention isn’t paid to us now that we are somehow less important. So, those who have still not yet fallen to the streets, vehicles and/or bushes need to speak up while they may still be listened to.
After the experiences of a lifetime, it occurred to me that the experiences of many others were mostly similar. The only variation or differences would be the cause, time, or location of the experiences one has had, not yet had, or about to have.
I have made one observation of most folks (who are still caught up with life’s more important busy-ness), to be both interesting and annoying at the same. While driving my RV, (sometimes not so fast due to bumps and turns although if I speed up it appears to wild), those who are annoyed at my being in their way (while they are on a mission from god) would be apparrent to be the same ones who complain of my presence at my being parked somewhere and “don’t like it”. A more appropriate description of these “stupid jerks” would be hypocrite, but I just consider the ignorance of those who just have not yet experienced the trends yet.
Thank you Mr. John Doe Homeless,
I will keep you in mind when I see a slow or parked RV. I wish you adequate shelter.
Post a Comment
<< Home