For member agencies that have city or county ordinances regarding camping on public property, the recent ruling of the Ninth Circuit Court of Appeals in Martin v. City of Boise may have implications on how you apply those rules.
In a September 4th opinion, the court held that the local ordinance violated the Eighth Amendment’s cruel and unusual punishments clause to the extent that it imposed criminal sanctions against homeless persons for sleeping outdoors, on public property, when they had no alternative shelter access available.
The plaintiffs received citations from the Boise police for violating 2 different city ordinances that made camping on public property a misdemeanor.
The Ninth Circuit concluded that “the Eighth Amendment prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter.”
One critical piece in this case, is the status of the local shelters – which were often at capacity. In addition to that, the 3 shelters in Boise had rules or practices that limited the number of days one could stay, were exclusively for men, or exclusively for women and children. This is often the case in areas with a significant homeless population.
Agencies should review their camping prohibition ordinances to stay in accord of this decision with regards to citations, as well as ensure there are procedures for determining if/when shelters in the area are full.