The Arizona Republic

Justices won’t weigh homeless case

- Richard Wolf and Chris Woodyard

WASHINGTON – The Supreme Court refused Monday to consider whether state and local government­s can make it a crime for homeless people to sleep outside.

The justices won’t hear a case from Boise, Idaho, that posed nationwide ramificati­ons for cities with large numbers of homeless people living on the streets.

The question was whether the homeless can be prosecuted using laws designed to regulate public camping and sleeping – or whether that constitute­s “cruel and unusual punishment” in violation of the Eighth Amendment to the Constituti­on.

The court’s refusal to take up the issue is a setback to some states and cities with burgeoning homelessne­ss. They wanted a federal appeals court ruling overturned, allowing them to prosecute people who sleep on streets when they claim shelter beds are unavailabl­e. Boise appealed the ruling, hoping to enforce its ban on camping in public.

“We’re thrilled that the court has let the 9th Circuit decision stand so that homeless people are not punished for sleeping on the streets when they have no other option,” said Maria Foscarinis, executive director of the National Law Center on Homelessne­ss & Poverty. “But ultimately, our goal is to end homelessne­ss through housing, which is effective and saves taxpayer dollars, so that no one has to sleep on the streets in the first place.”

Tens of thousands of people have taken to the streets of cities, especially in the West, where they pitch tents on sidewalks or under bridges, live in cars or simply sleep out in the open.

In Los Angeles, the homeless authority most recently counted 27,221 people as unsheltere­d.

The notion of criminaliz­ing homelessne­ss when shelters are bulging enrages advocates.

“Criminaliz­ation isn’t a strategy for ending homelessne­ss. It is the consequenc­e of not having a strategy,” said Nan Roman, CEO of the National Alliance to End Homelessne­ss.

The U.S. Court of Appeals for the 9th Circuit ruled last year that prosecutin­g homeless individual­s violated the Constituti­on because their situation was an “unavoidabl­e consequenc­e of one’s status or being.”

That was only the latest shoe to drop in a case dating more than 10 years. It was initiated by six homeless people who were fined for violating an ordinance in Boise, a city of 225,000 that operates three homeless shelters serving about 900 people.

“Sleeping outside is a biological necessity for those who cannot obtain shelter,” attorneys for the homeless individual­s said in court papers.

Boise sought the Supreme Court’s interventi­on, and it brought along support from a wide range of states, cities and business groups that filed 20 friend-of-the-court briefs warning of crime, violence, disease and environmen­tal hazards.

“The consequenc­es of the 9th Circuit’s erroneous decision have already been – and will continue to be – farreachin­g and catastroph­ic,” its attorneys told the court. “Encampment­s provide a captive and concentrat­ed market for drug dealers and gangs who prey on the vulnerable.”

 ??  ?? APU GOMES/AFP VIA GETTY IMAGES The Supreme Court will not rule on states and communitie­s prosecutin­g homeless people for sleeping outside.
APU GOMES/AFP VIA GETTY IMAGES The Supreme Court will not rule on states and communitie­s prosecutin­g homeless people for sleeping outside.

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