This bill will allow the homeless to sue local entities when they enforce local laws against unlawful camping on public property which includes public lands, premises and buildings.
Personal Choice and Responsibility
The rights of taxpaying citizens are being ignored in this bill as public spaces are not setup for humans to live in a safe and clean environment, local laws are necessary to protect all citizens.
This bill would require the need of funding for homeless housing. People experiencing unsheltered homelessness—at least in the 9th Circuit—can sleep more safely without facing criminal punishment for simply trying to survive on the streets.
In 2019 the 9th Circuit Court of Appeals in Martin v. Boise (920 F. 3d 584) held that the government cannot criminalize certain conduct, such as lying, sitting, or sleeping on the streets, and to punish a person’s homeless status is unconstitutional under the 8th Amendment of the U.S. Constitution, which prohibits imposing excessive fines, bail, or cruel and unusual punishments.
Takes local law away from local authorities, and allows for frivolous lawsuits based upon a non defined term “objectively reasonable”. The U.S. Supreme Court denied a petition by the city of Boise to review the case Martin v. Boise (formerly Bell v. Boise). This leaves in place earlier rulings by the 9th Circuit that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives.