The 9th Circuit recently ruled that a Los Angeles ordinance that criminalizes "sitting, lying, or sleeping on public streets and sidewalks" within city limits cannot be enforced because arresting L.A.'s homeless would violate the Eighth Amendment. While attorney Howard Bashman applauds the ruling as a matter of policy, he writes that -- even in the 9th Circuit -- sympathy for a group of litigants fails to furnish an adequate basis to strike down an ordinance as unconstitutional.
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Arresting the Homeless Is Unconstitutional? Where the 9th Circuit Went Wrong
Special to Law.com
April 24, 2006
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