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FOR IMMEDIATE RELEASE DOJ Determines Criminalization of Homelessness As Cruel And Unusual Punishment

August 13, 2015 by Jonathan Leave a Comment

Press Release

FOR IMMEDIATE RELEASE
August 12, 2015
CONTACT: Paul Boden, Western Regional Advocacy Project
Office: (415) 621-2533

DOJ Determines Criminalization of Homelessness As Cruel And Unusual Punishment
Homeless Community and Advocates Applaud Department of Justice Briefing Acknowledging This On-Going Torture

San Francisco, CA- On Thursday, August 6, 2015, the US Department of Justice (DOJ) did something it has done only one other time in 20 years: they submitted a “statement of interest” in the US District Court of Idaho in opposition to the criminalization of homeless people. While it doesn’t carry any legal authority, it does tell the courts and most importantly, local governments, that the Justice Department of the US Government holds a legal opinion that to criminalize homelessness is cruel and unusual punishment, a violation of constitutional rights. The DOJ Statement of Interest validates homeless organizers and advocates claim that these laws violate the civil and human rights of those experiencing homelessness and poverty.

“Sleeping is a life-sustaining activity — i.e., it must occur at some time in some place,” says the filing. “ If a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless.”

The lawsuit was filed by homeless people who say that laws which penalize people for sleeping outdoors effectively make it illegal to be homeless. The Eighth Amendment to the Constitution prevents any type of cruel and unusual punishment and excessive fines. By outlawing a basic necessity of life such as sleeping, the lawsuit contends that the rules against outdoor camping in cities like Boise amount to punishing someone simply for existing. For once, the judicial system may decide in their favor, rather than continually penalizing them for being alive. If successful, the lawsuit would not remove the law from the books. It would, however, prevent enforcement of it in any meaningful way. Unfortunately, this means that the harassment by police may continue in the future. It would also set a precedent that could allow more lawsuits of this sort to stand on in order to protect homeless rights.

This recent move greatly underscores how important it is to pass he Right to Rest Act in California, Oregon, and Colorado. Legislation in all three states has been introduced to roll back the policy strategy used by most cities to cite and arrest for sleeping or resting in public. It will free up resources to invest instead in housing and other real solutions towards ending homelessness. The case in Boise may prove to be the start of the tide turning back against the abuses homeless people have suffered.

“I am glad to see the federal Department of Justice weigh in on this vital human and constitutional rights issue. We need to end the practice of arresting and citing people for resting or sharing food, which are basic necessities and not malicious, violent or criminal behaviors in and of themselves” Said Oregon State Senator Chip Shields (chief sponsor SB629 Oregon Right To Rest Act)

There are estimated to be more than 600,000 homeless people on any given night in the United States, and they have to sleep somewhere. Shelters and housing options are available in some areas but not everywhere, and those that do exist often get filled to capacity immediately. Many homeless people are left with only one option: sleeping outdoors. With ordinances prohibiting outdoor sleeping in cities like Boise, Los Angeles, San Francisco, Portland, Sacramento, Oakland and Denver they are then arrested and either fined, incarcerated, or both. This only adds to their burden of homelessness by punishing it. It does not provide solutions to those who need them.

Homelessness ends with a house, not handcuffs.

A copy of the DOJ brief can be found here: http://www.justice.gov/opa/file/643766/download

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San Francisco, CA. Mayor’s Plan to Expand Shelte San Francisco, CA. Mayor’s Plan to Expand Shelter GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH 
https://wraphome.org/2023/05/31/mayors-plan-to-expand-shelter-guts-housing-for-homeless-families-and-youth/
Nationally, evictions from public housing have sur Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in place to protect renters during the pandemic, according to Peter Hepburn, associate director of Princeton University’s Eviction Lab.  https://conta.cc/3WJco9B
WRAP members and allies always tell us the vital i WRAP members and allies always tell us the vital importance of feeling connected to each other- sharing stories from our own communities, learning from past campaigns, and having artwork that we can share (and wear!) that affirms the life-saving message that we are in this together - we are not alone! 
https://conta.cc/3Wfb5Pw
Join the Coalition On Homelessness San Francisco T Join the Coalition On Homelessness San Francisco Thursday May 11 at 12 noon steps of City Hall
1 Dr. Carlton Goodlett Place
San Francisco, CA 94102
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3LYOumD
Instagram post 17977559687207330 Instagram post 17977559687207330
Of course, in a time when the poor people are demo Of course, in a time when the poor people are demonized for being poor and homeless people are increasingly seen more as something to fear rather than human beings, it’s unfortunately not all that surprising.
https://conta.cc/3HxZpkV
https://conta.cc/3HwGcQq
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
https://conta.cc/3HsVsOn
Unhoused people are most often prosecuted for "cri Unhoused people are most often prosecuted for "crimes of survival," like sitting, lying down, or sleeping in public space. In order to protect people from discriminatory enforcement of laws that were created deny people their right to exist where they happen to live The Right To Rest Act was created in 2015 and is still being fought for today!!!! 
The Right 2 Rest Act did not meet the threshold to be voted out of committee this term, but this informational hearing will ensure legislators know this bill is necessary to protect our human rights to public space! 
https://conta.cc/3KSclTn
Join us to discuss the specifics of the Right to R Join us to discuss the specifics of the Right to Rest Act, HB3501:  What it is, why we need it and how we make it happen in Oregon.  https://conta.cc/3ZOeMvA
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Mayor’s Plan to Expand Shelter GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH - WRAP

wraphome.org

Coalition on Homelessness, San Francisco  May 30,2023 Mayor’s Plan to Expand Shelter  GUTS HOUSING FOR HOMELESS FAMILIES AND YOUTH Mayor...
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