The court order limiting The City’s ability to sweep homeless encampments is working its way further up the judicial system next week.
The dispute’s ascension to the Court of Appeals marks an important next phase in the ongoing legal battle over cities’ ability to rein in street homelessness via law enforcement. Though it will not likely issue an immediate decision, the Appeals court’s ruling may eventually provide answers to questions The City felt were left open-ended by the lower court.
Now the dispute heads to the 9th Circuit, which is the same court that decided Martin v Boise, the key 2019 ruling that reframed how cities handle homelessness. There are several questions it must answer. If The City can’t enforce laws against the “involuntarily homeless,” how should it define “involuntarily?” And do the eighth amendment protections against cruel and unusual punishment in the U.S.
Talk potty to me: How Outside Lands added tiered bathrooms this year A new ticket tier, general admission plus, gets festival goers access to flushable bathrooms The City, meanwhile, has maintained that it has spent billions of dollars on expanding homelessness services in recent years, and uses a “services-first approach” to clearing encampments.
Source: Law Daily Report (lawdailyreport.net)
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