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California Municipal Law Blog
tag:
Homelessness

Court Rules Enforcement of “Anti-Camping” Ordinance is Unconstitutional When Homeless Persons Lack Shelter

by on September 24, 2018

posted in Code Enforcement, Recent Court Decisions,

“Anti-camping” and related “sit-lie” ordinances cannot be enforced against homeless persons who have no access to overnight shelter.  As the Ninth Circuit Court of Appeals held on September 4, enforcement under such circumstances effectively criminalizes the status of being homeless, violating the Eighth Amendment’s prohibition on cruel and unusual punishment.  The Court’s decision, in Martin v. City of Boise, will make it difficult for local agencies to enforce their “anti-camping” ordinances to the extent they did previously.  ... Continue Reading

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tags: Anti-camping ordinances, Homelessness, Martin v. City of Boise, Sit-lie ordinances,