Arcata continues to enforce unconstitutional anti-homeless ordinance

The city of Arcata and the Arcata Police Department continue to enforce anti-homeless ordinance that violates our 8th Amendment right to be free from cruel and unusual punishment. Nancy Diamond, the city attorney for Arcata, made a comment in a local newspaper that even though she was aware of the recent decision by the federal appeals court (9th circuit court of appeals, Jones v Los Angeles, April 14, 2006) that clearly stated that punishing people who are homeless by giving them tickets for sleeping in public when there is nowhere else for them to legally sleep constitutes "sleep deprivation," and is "cruel and unusual punishmnet," which is forbidden in the Constitution of the United States, she expects to blatantly IGNORE THE LAW. As justification, she stated that she expectd the decision to be appealed. Sorry, Nancy, but until that happens, THE LAW IS THE LAW. Instead of upholding the law, Nancy Diamond, the city of Arcata, and the Arcata Police Department are conspiring to violate the Constitutional rights of homeless people.

The United States Court of Appeals for the Ninth Circuit
ruled on April 14, 2006, that punishing homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was unconstitutionally cruel and unusual punishment.
(Edward Jones v. City of Los Angeles)
“Appeals Court Slaps L.A. Over Arrests of Homeless”

Official government document on the internet at:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/8138B5E4723C6FE988257150005B327E/$file/0455324.pdf?openelement

Arcata’s anti-homeless ordinances have been successfully challenged in the cases of
People v. Porter T0310779M 2005
and
People v. Theodore Lewis Robinson T0304959M 2003