This week the United State Supreme Court declined without comment to hear a case that was filed by Boise, Idaho and joined by other western cities, including Los Angeles, letting stand a ruling that protects homeless people’s right to sleep on the sidewalk or in public parks if no other shelter is available.
“The highest court in the land has spoken – and it’s time to focus on what we know will solve this crisis: housing and services. Litigation doesn’t end homelessness, only homes can do that,” said Los Angeles City Councilmember David Ryu.
According to the Los Angeles Times, the outcome was widely seen as “a significant victory for homeless activists and a setback for city officials in California and other Western states who argued the ruling from the 9th U.S. Circuit Court of Appeals undercut their authority to regulate encampments on the sidewalks. The 9th Circuit had agreed with lawyers for the homeless who argued that prosecuting people for sleeping on the sidewalks violated the 8th Amendment’s ban on cruel and unusual punishment if a city failed to provide adequate shelter.”
The Times continued: “A city ordinance “violates the 8th Amendment insofar as it imposes criminal sanctions against homeless individuals for sleeping outdoors on public property, when no alternative shelter is available to them,” said the ruling by the 9th Circuit, which has jurisdiction over California and eight other Western states.”
However, the issue remains complicated as cities try to balance the needs of homeless residents and those of everyone else who uses city sidewalks and parks. Though most public officials see housing the homeless as the solution, the means to do so takes much longer and the number of homeless Americans continues to grow.
Last month, Ryu introduced a motion to grant emergency powers to a centralized decision-making authority in order to create a FEMA-like response to the crisis of homelessness, noting that every day another 150 people fall into homelessness and the city’s ability to response to the crisis is hamstrung by the current structure.
The motion has been referred to the Rules Committee for a hearing. According to Ryu spokesperson Mark Pampanin, the committee chair has not yet state a date for a hearing and the City Council is in recess until January 14, 2020.
“We certainly hope [the hearing is] scheduled as soon as possible,” Pampanin told the Buzz.
