Malibu May Lose Ability To Cite Homeless For Camping
Written by 991KBU on September 12, 2018
Malibu officials say they have lost an important tool … to crack down on homeless encampments …
The ninth circuit Court of Appeals has ruled that prosecuting homeless people for sleeping in public ….when there is no shelter available … is a form of cruel and unusual punishment that violates the Constitution.
Two ordinances in Boise, Idaho, made it a crime to sleep or camp in buildings, streets and other public places.
Unconstitutional …. said the three judge panel.
They ruled that “a municipality cannot criminalize such behavior when no sleeping space is practically available in any shelter.
“As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”
Malibu has an ordinance that bans sleeping in public overnight.
City officials say they are waiting a legal opinion on whether that ordinance can still be used.
