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Arcata Anti-Homeless Ordinance Is Unconstitutional
"federal appeals court panel ruled on Friday that arresting homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was cruel and unusual punishment."
Arcata Municipal Code
TITLE X - PUBLIC PROPERTYCHAPTER 1 - PARKS AND GROUNDS
SEC. 10004. Overnight use prohibited. (Amended by Ord. No. 1205)
Arcata Municipal Code
TITLE X - PUBLIC PROPERTYCHAPTER 1 - PARKS AND GROUNDS
SEC. 10004. Overnight use prohibited. (Amended by Ord. No. 1205)
ARCATA ANTI-HOMELESS ORDINANCE IS UNCONSTITUTIONAL
"federal appeals court panel ruled on Friday that arresting homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was cruel and unusual punishment."
New York Times April 15
Arcata Municipal Code
TITLE X - PUBLIC PROPERTYCHAPTER 1 - PARKS AND GROUNDS
SEC. 10004. Overnight use prohibited. (Amended by Ord. No. 1205)
Sleep is a human necessity, not a luxury or privilege. This ordinance prohibits sleeping outdoors in Arcata, thereby punishing the homeless with sleep deprivation. This violates the EIGHTH AMENDMENT to the U.S. Constitution which guarantees us freedom from “cruel and unusual punishment.”
Anti-camping ordinances have been successfully challenged in Portland, Oregon (State of Oregon v. Wickes); Santa Ana, California (the “Eichorn decision”); Miami, Florida (“Potinger v. City of Miami”);
"federal appeals court panel ruled on Friday that arresting homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was cruel and unusual punishment."
New York Times April 15
Arcata Municipal Code
TITLE X - PUBLIC PROPERTYCHAPTER 1 - PARKS AND GROUNDS
SEC. 10004. Overnight use prohibited. (Amended by Ord. No. 1205)
Sleep is a human necessity, not a luxury or privilege. This ordinance prohibits sleeping outdoors in Arcata, thereby punishing the homeless with sleep deprivation. This violates the EIGHTH AMENDMENT to the U.S. Constitution which guarantees us freedom from “cruel and unusual punishment.”
Anti-camping ordinances have been successfully challenged in Portland, Oregon (State of Oregon v. Wickes); Santa Ana, California (the “Eichorn decision”); Miami, Florida (“Potinger v. City of Miami”);
For more information:
http://www.theplazoid.blogspot.com
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Just so you don't start jumping up and down about how the "fix" must be in that the Arcata cops are allowed to enforce what YOU think has been declared unconsititutional.
The court cases are about SPECIFIC anti-homeless provisions.
Notice that the Arcata parks and recreation regulations do NOT prohibit sleeping in the park. They prohibit anyone (not just the homeless) from using these places for ANY nighttime activity. At the same time they do not prohibit anybody from sleeping there (just in effect WHEN they could sleep there or do anything else there).
Very unlikey that a court would throw that out.
You should perhaps take a look at some of those court decisions to see precisely what sorts of laws and regulations were being declared unconstitutional and WHY.
The court cases are about SPECIFIC anti-homeless provisions.
Notice that the Arcata parks and recreation regulations do NOT prohibit sleeping in the park. They prohibit anyone (not just the homeless) from using these places for ANY nighttime activity. At the same time they do not prohibit anybody from sleeping there (just in effect WHEN they could sleep there or do anything else there).
Very unlikey that a court would throw that out.
You should perhaps take a look at some of those court decisions to see precisely what sorts of laws and regulations were being declared unconstitutional and WHY.
Is Arcata still run by liberal fascists or what? Of course Judge Brown and his fascist Humboldt County courthouse are even worse.
Arcata's anti-camping ordinances have been defeated in court already. The laws are wrong, and those who have the ability and resources to fight them win.
the author of that last comment was not indybay (the indybay collective).
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