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.
April 24, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Related: Bashman Archive
Earlier this month, the majority on a divided three�judge panel of the 9th U.S. Circuit Court of Appeals ruled that “a City of Los Angeles ordinance that criminalizes sitting, lying, or sleeping on public streets and sidewalks at all times and in all places within Los Angeles’s city limits” cannot be enforced because arresting the homeless of Los Angeles would violate the Eighth Amendment to the U.S. Constitution.
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