The 9th Circuit Court of Appeals affirmed that homeless persons cannot be punished for sleeping outside in the absence of adequate alternatives in Martin v. Boise (formerly Bell v. Boise), a lawsuit challenging Boise, Idaho’s ban on sleeping in public. In so holding, the court of appeals permitted various homeless individuals who have received criminal citations under Boise’s policy to proceed with their constitutional claims against the City. The National Law Center on Homelessness and Poverty, which filed the case in 2009 with co-counsel Idaho Legal Aid Services and Latham & Watkins LLP, hailed the decision and looks forward to a final decision in the case.
In Martin v. Boise, six city residents experiencing homelessness, the Law Center, Idaho Legal Aid, and a pro bono team at Latham & Watkins challenged a city law that criminalized sleeping in public—even when there were no alternatives. The federal appeals court agreed with us and said the law is “cruel and unusual punishment” that violates the U.S. Constitution.
The ruling binds nine states—AK, AZ, CA, HI, ID, MT, NV, OR, WA—a large swath of the country. It sets important precedent that advocates can point to as persuasive authority in courts across the country. First filed by the Law Center and partners in 2009, it’s the case that attracted a supportive Friend of Court brief from the Obama Justice Department.
The appeals court win is persuasive for policy advocacy. Some cities are already reviewing and changing their laws in response (such as Santa Cruz, Los Angeles, and Berkeley.) Now that the court has ruled this approach unconstitutional, cities have extra incentive to look for constructive, housing-based solutions—and advocates have a new opportunity to demand change.
You can read the full Press Release of the National Law Center on Homelessness and Poverty here:
Eric Tars, Senior Attorney at the National Law Center on Homelessness and Poverty, wrote a piece for our newsletter a few years back, related to the international human rights implications of this case: Changing the Paradigm: Addressing the Criminalization of Homelessness in the United States through the UN Human Rights Committee Review
He has recently published an article on a partner organization’s newsletter, the National Alliance to End Homelessness, on the relevance of this case.
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Criminalisation
Cruel inhuman and degrading treatment
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