News Street Rules
posted by October 18 at 9:33 AMon
The 9th Circuit dropped its 2006 decision prohibiting the city of Los Angeles from arresting homeless people for sleeping on the street. (They had ruled in 2006 that arresting the homeless for sleeping on the street violated the 8th Amendment protection against cruel and unusual punishment.)
The new ruling doesn’t overturn the 2006 ruling, it simply vacates it because the parties agreed to a settlement contingent on the 9th Circuit withdrawal.
I guess it’s good news that the ruling wasn’t officially iced, but it’s bad news that the bold precedent no longer stands.
From the initial ruling:
We hold only that, just as the Eighth Amendment prohibits the infliction of criminal punishment on an individual for being a drug addict, Robinson, 370 U.S. at 667; or for invol- untary public drunkenness that is an unavoidable consequence of being a chronic alcoholic without a home, Powell, 392 U.S. at 551 (White, J., concurring in the judgment); id. at 568 n.31 (Fortas, J., dissenting); the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles.