A year ago, the 9th U.S. Circuit Court of Appeals told Boise that it’s unconstitutional to stop the homeless from sleeping in public spaces if there’s not enough shelter available for them. Now Boise wants the U.S. Supreme Court to have a look at that decision. — The Los Angeles Times
A recent Los Angeles Times opinion piece takes a look at the ongoing legal battle regarding whether criminalizing homelessness constitutes "cruel and unusual punishment" under the United States Constitution.
Two constitutional lawyers, Theane Evangelis and Theodore B. Olson, discuss the arguments against the recent 9th U.S. Circuit Court of Appeals with Los Angeles Times columnist Patt Morrison.
A recent Curbed report provides a more nuanced look at the issue. In its 2018 rule, the 9th Circuit Court found that “the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
The United States Supreme Court could examine the 9th Circuit's decision as soon as this Fall.
18 Comments
Yes.
No.
Counterpoint: Yes
“the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
But without false premises, how can we continue to cruelly set up systems designed to force people into situations that we can then criminalize in order to manipulate public opinion?! OUR PERFECT HOUSE OF CARDS MIGHT FALL!
There is little doubt how the Supremes will come down on this case.
Not only should the homeless be allowed to occupy the public spaces, but the public spaces should be designed to accommodate the homeless as they are an inevitable part of the public. Part of the problem is that the homeless are occupying spaces not designed to be used for occupation, like sidewalks. If parks, underpasses, etc were designed to provide space that is habitable, and not in the middle of sidewalks, much of the homelessness could be integrated in a way that doesn’t negatively affect the city. If some basic amenities like outdoor showers, wash areas, tents, etc were set up it would help. Yeah yeah yeah, eradicate homelessness etc etc, but we never will because a certain segment of society is not mentally capable/willing of getting off the streets. Sad but true. This is a design problem.
If you're willing to build an urban infrastructure that can accommodate homeless people, why not build a health care infrastructure to treat them humanely?
Who said I’m not?
You said it was a design problem, right? Non capisco tua logica.
Yes, because there will always be homeless who live in the streets unless you start involuntarily committing people.
There’s a difference between the chronic homeless and those temporarily homeless because of housing/job loss. That latter can be solved with policy, the prior can be made slightly better with design.
What about those not ‘mentally capable’? You think those suffering from mental illness and addiction chose to live in the street? Ma che cavolo dici
I wouldn’t say it’s their choice, but it’s a symptom of their illness. Many are not willing to get help, and cannot sustain a housing unit. What else to do? I grew up in NY, and remember homeless dudes standing in the stairwells of subways with their dicks hanging out yelling at people who pass...dudes not gonna be given a home and become Martha Stewart. The home would be a disaster after a week. Can’t involuntarily put them in an institution. What else can you do? I think some degree of homelessness can be resolved, but there will always be a portion of the homeless who will live in the streets. Sad but true. Make the public spaces more accommodating and it will be better for all.
Yes, a better designed public realm will be better for the mentally ill and the not, but you can't stop there. My only point is that treating mentally ill people is not just a design problem. If someone is off their meds, you can't assume they "are not willing to get help." When someone's chemical balance is off, you can't simply let them grind to dust out in public. It's dehumanizing for everyone concerned. But clearly we have differences on this issue and that's for the ballot box to sort out.
Your solutions are not mutually exclusive and no one is suggesting that doing one thing means not doing the other. Go do both & quit bickerin
You should brush up on your reading skills
"My only point is that treating mentally ill people is not just a design problem" ...no one is saying it is.
quit yer bickerin
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