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Justice Department asks judge to block enforcement of homeless camping ban
The U.S. Justice Department on Thursday urged a judge to block enforcement of an anti-camping ordinance in Boise, Idaho, by employing the rationale from a seminal Los Angeles homeless-rights case.
The outcome in Boise could reverberate in Los Angeles -- where officials are considering resuming enforcement of the city's own anti-camping ordinance, considered among the strictest in the country.
It bans sleeping, sitting or lying on sidewalks and other public property.
In 2006, the 9th U.S. Court of Appeals struck down the ordinance, finding that banning sleeping in public by people who have nowhere else to go violated the 8th Amendment provision barring cruel and unusual punishment.
Two years later, Los Angeles settled a lawsuit by agreeing to suspend enforcement between 9 p.m. and 6 a.m. until additional housing for the homeless could be built.
Earlier this year, officials said they expected to reach the construction milestone the city agreed to as soon as next month. Several officials, including L.A. police Chief Charlie Beck, have said strict enforcement of the anti-camping law could start up again, but the city has issued no formal opinion.
The Justice Department's filing Thursday came in a 2009 lawsuit by seven homeless people convicted of violating a Boise ordinance against sleeping or camping in outdoor public spaces.
The city said the camps were unsafe and unsanitary.
But "if a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless, " the department said
"Needlessly pushing homeless individuals into the criminal justice system does nothing to break the cycle of poverty or prevent homelessness in the future," principal Deputy Assistant Atty. Gen. Vanita Gupta said in a statement.
"Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”
L.A.'s homeless population has grown to 26,000 people as of January -- a 12 % leap in two years. Countywide, the number of people sleeping in outdoor encampments or vehicles jumped 85% in the same period.
More than 70% of homeless people in L.A. County sleep outdoors because of a lack of shelters, a higher rate than in much of the rest of the country, homeless advocates said.
The spread of unsightly encampments has drawn public outcry from businesses and L.A. residents, who say they sow unsanitary conditions and cause petty crime in the communities.
Last month, Los Angeles adopted an ordinance making it easier to dismantle homeless encampments; the city also has stepped up the cleanup of tents and other homeless possessions.
Attorney Carol Sobel, who represented homeless people in the 2006 L.A. case, said the Justice Department filing should be a "strong message they need to go back to drawing board and figure out how to respond to the causes of homelessness and not punish people for their status.
"It's unconscionable to seek to penalize people again for the city’s failures," she said.
A spokesman for City Atty. Mike Feuer said Thursday that resuming overnight enforcement against homeless people sleeping outdoors was a policy decision for the mayor and City Council to make. He added his office was "confident that the ordinance will withstand any and all legal challenges."
Mayor Eric Garcetti and council members who have served on the city's new homelessness committee did not respond to emails seeking comment.
http://www.latimes.com/local/lanow/la-me-ln-homeless-anti-camping-law-20150806-story.html
The outcome in Boise could reverberate in Los Angeles -- where officials are considering resuming enforcement of the city's own anti-camping ordinance, considered among the strictest in the country.
It bans sleeping, sitting or lying on sidewalks and other public property.
In 2006, the 9th U.S. Court of Appeals struck down the ordinance, finding that banning sleeping in public by people who have nowhere else to go violated the 8th Amendment provision barring cruel and unusual punishment.
Two years later, Los Angeles settled a lawsuit by agreeing to suspend enforcement between 9 p.m. and 6 a.m. until additional housing for the homeless could be built.
Earlier this year, officials said they expected to reach the construction milestone the city agreed to as soon as next month. Several officials, including L.A. police Chief Charlie Beck, have said strict enforcement of the anti-camping law could start up again, but the city has issued no formal opinion.
The Justice Department's filing Thursday came in a 2009 lawsuit by seven homeless people convicted of violating a Boise ordinance against sleeping or camping in outdoor public spaces.
The city said the camps were unsafe and unsanitary.
But "if a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless, " the department said
"Needlessly pushing homeless individuals into the criminal justice system does nothing to break the cycle of poverty or prevent homelessness in the future," principal Deputy Assistant Atty. Gen. Vanita Gupta said in a statement.
"Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”
L.A.'s homeless population has grown to 26,000 people as of January -- a 12 % leap in two years. Countywide, the number of people sleeping in outdoor encampments or vehicles jumped 85% in the same period.
More than 70% of homeless people in L.A. County sleep outdoors because of a lack of shelters, a higher rate than in much of the rest of the country, homeless advocates said.
The spread of unsightly encampments has drawn public outcry from businesses and L.A. residents, who say they sow unsanitary conditions and cause petty crime in the communities.
Last month, Los Angeles adopted an ordinance making it easier to dismantle homeless encampments; the city also has stepped up the cleanup of tents and other homeless possessions.
Attorney Carol Sobel, who represented homeless people in the 2006 L.A. case, said the Justice Department filing should be a "strong message they need to go back to drawing board and figure out how to respond to the causes of homelessness and not punish people for their status.
"It's unconscionable to seek to penalize people again for the city’s failures," she said.
A spokesman for City Atty. Mike Feuer said Thursday that resuming overnight enforcement against homeless people sleeping outdoors was a policy decision for the mayor and City Council to make. He added his office was "confident that the ordinance will withstand any and all legal challenges."
Mayor Eric Garcetti and council members who have served on the city's new homelessness committee did not respond to emails seeking comment.
http://www.latimes.com/local/lanow/la-me-ln-homeless-anti-camping-law-20150806-story.html
Right here in the little community where I work, people are being forced to leave because of the price of housing. In fact, one apartment complex just raised the rates on about 150 units, 33% in one month! That is sending people out of town. (I moved 13 years ago when I saw the problem brewing.)
We do have a homeless shelter for men but the rules are pretty strict. The place is very religious, and if you miss a religious meeting they will put you out. (How is that for a humanitarian effort?) The truth is, we have very few people who are homeless here. A lot of the men in the shelter are habitual criminals who somehow found their way here and ended up incarcerated for yet another crime. These guys are the seediest of the seedy. Because of their past, these guys are relatively unemployable or they don't want to help themselves. A smaller group are just folks down on their luck. But again, if they miss a group meeting, they are out. No questions asked.
In my 26 years here, there have been 3 obvious mentally ill people who were homeless. All 3 were known by law enforcement. They did all they could to help these people and I know that 2 of them are institutionalized in a state facility. it is whats best for them and without that, who knows what would become of them.
We do have a homeless shelter for men but the rules are pretty strict. The place is very religious, and if you miss a religious meeting they will put you out. (How is that for a humanitarian effort?) The truth is, we have very few people who are homeless here. A lot of the men in the shelter are habitual criminals who somehow found their way here and ended up incarcerated for yet another crime. These guys are the seediest of the seedy. Because of their past, these guys are relatively unemployable or they don't want to help themselves. A smaller group are just folks down on their luck. But again, if they miss a group meeting, they are out. No questions asked.
In my 26 years here, there have been 3 obvious mentally ill people who were homeless. All 3 were known by law enforcement. They did all they could to help these people and I know that 2 of them are institutionalized in a state facility. it is whats best for them and without that, who knows what would become of them.
When Ronald Reagan was governor of California he closed the state ran mental hospitals. There were problems with the hospitals but closing them meant that people who were unable to care for themselves due to mental disease were made homeless.
And now with the high cost of housing here in California there are more people who simply are being priced out of housing.
The issue is complex but making it illegal to sleep out of doors is not the answer. Where is our humanity ? What does this say about us as a people? We have money for more weapons to kill but can not help people with the most basic of necessities.
This action is a step in the right direction.
And now with the high cost of housing here in California there are more people who simply are being priced out of housing.
The issue is complex but making it illegal to sleep out of doors is not the answer. Where is our humanity ? What does this say about us as a people? We have money for more weapons to kill but can not help people with the most basic of necessities.
This action is a step in the right direction.
I can't remember the kids name and I can't find his idea on helping the homeless anywhere.... Anyhow, about 15 years or so ago, this kid came up with the idea of his city actually building a camp for the homeless. this would get the group in a more confined area rather than spread out throughout the entire city potentially making many smaller messes one larger mess.
His plan included port-a-potties and potable water and if the numbers showed it was working, building a few shower stalls.
The thought was that his city was spending a lot of money cleaning human waste. Home owners and business owners were burdened because homeless were sleeping in yards and common areas in business complexes creating more waste and a bigger mess to clean up. Jails always had a large percentage of jailed homeless for no other reason than they couldn't pay the fines that were levied upon them for citations and providing that roof looked more expensive than his alternative method.
I'll look again. I think this was in the Midwest somewhere.
His plan included port-a-potties and potable water and if the numbers showed it was working, building a few shower stalls.
The thought was that his city was spending a lot of money cleaning human waste. Home owners and business owners were burdened because homeless were sleeping in yards and common areas in business complexes creating more waste and a bigger mess to clean up. Jails always had a large percentage of jailed homeless for no other reason than they couldn't pay the fines that were levied upon them for citations and providing that roof looked more expensive than his alternative method.
I'll look again. I think this was in the Midwest somewhere.
"Needlessly pushing homeless individuals into the criminal justice system does nothing to break the cycle of poverty or prevent homelessness in the future," principal Deputy Assistant Atty. Gen. Vanita Gupta said in a statement.
"Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”
Yeah, but it fills a spot in our 'for profit' prison system. And isn't that what our country's all about? Who cares about actual human beings when corporations are the ones who donate to political campaigns and write the legislation that our alleged representatives vote on.
"Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”
Yeah, but it fills a spot in our 'for profit' prison system. And isn't that what our country's all about? Who cares about actual human beings when corporations are the ones who donate to political campaigns and write the legislation that our alleged representatives vote on.
The homeless situation is a sad one, with no clear answer in sight.
I volunteered at a homeless shelter for awhile; what I learned was that there was a decent percentage of homeless people who were mentally unstable and ill. There were also many young people who chose the homeless lifestyle as a way to drop out of society. There were a few families, but most chose to live in their cars for safety and usually moved on soon after...
As for the mentally ill & unstable, it was a lot like 'you can lead a horse to water, but you can't make 'em drink' scenario, in regard to finding them help and hoping they follow through w/ healthcare, such as medication and counseling. Many just wanted to be left alone to wander, without having to deal with rules and restrictions placed upon them by their own family members...
I sit on the fence with this issue, because I have empathy for some of the homeless, but I can completely understand what the business and property owners are complaining about. In my city, we have a serious problem at the local county parks and downtown business area; large homeless camps are all along the delta and throughout the wooded areas. The camps are usually very filthy, completely unsanitary, and full of trash ~ if the camps are disassembled or abandoned, all the human waste and garbage is left in place to rot. Crime and drug abuse is common, which includes prostitution and stolen property. It's a real mess on both sides of the issue...
Homeless in Idaho would have to be way worse than being homeless in California, due to the freezing temps. and less shelters available for the homeless to seek refuge at...
I volunteered at a homeless shelter for awhile; what I learned was that there was a decent percentage of homeless people who were mentally unstable and ill. There were also many young people who chose the homeless lifestyle as a way to drop out of society. There were a few families, but most chose to live in their cars for safety and usually moved on soon after...
As for the mentally ill & unstable, it was a lot like 'you can lead a horse to water, but you can't make 'em drink' scenario, in regard to finding them help and hoping they follow through w/ healthcare, such as medication and counseling. Many just wanted to be left alone to wander, without having to deal with rules and restrictions placed upon them by their own family members...
I sit on the fence with this issue, because I have empathy for some of the homeless, but I can completely understand what the business and property owners are complaining about. In my city, we have a serious problem at the local county parks and downtown business area; large homeless camps are all along the delta and throughout the wooded areas. The camps are usually very filthy, completely unsanitary, and full of trash ~ if the camps are disassembled or abandoned, all the human waste and garbage is left in place to rot. Crime and drug abuse is common, which includes prostitution and stolen property. It's a real mess on both sides of the issue...
Homeless in Idaho would have to be way worse than being homeless in California, due to the freezing temps. and less shelters available for the homeless to seek refuge at...
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