Advocates claimed a victory for homeless rights on August 6 when the Justice Department filed a “Statement of Interest” in an ongoing Idaho court case. The lawsuit was filed in 2009 against the city of Boise, Idaho by several homeless individuals that were convicted under a city ordinance which banned sleeping in public spaces, reported the Idaho Statesman.
The Justice Department’s filing supports the plaintiffs and argues that enforcing a ban on sleeping in public would be the “criminalization of homelessness,” language often used by the National Coalition for the Homeless.
Similar cases cited in the Justice Department’s statement have found ticketing or arresting homeless individuals for sleeping in public, particularly when there is no space available in local shelters, to be unconstitutional. Punishing individuals with nowhere else to go for something as universal and unavoidable as the need to sleep is cruel and unusual, violating the Eighth Amendment in the Justice Department’s eyes.
A Boise city spokesman countered the federal filing. He explained to the Idaho Statesman that Boise amended its ordinance in 2009 to prohibit police from enforcing the sleeping ban when there is no available overnight shelter. This change brought the law in compliance with previous rulings.
This case will be closely observed by other cities that are writing legislation to protect homeless people, including the District. This June, Alice Deal Middle School sixth graders rallied at the Wilson Building to support homeless anti-discrimination legislation, which would include the homeless population as a protected class in city anti-discrimination laws.
