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Supreme Court Lets Stand 9th Circuit Ruling Finding Camping Ban Unconstitutional!! Rally to Demand Denver Follow Suit

December 19, 2019 by Jonathan Leave a Comment

When: Friday Dec 20th 12noon
Where: Sidewalk in front of the Capitol
Why: Demand Denver Repeal Unconstitutional Camping Ban after Supreme Court Action

Friday December 20th 12noon 2019 in front of the State Capitol Building on Lincoln and Colfax the community will rally to demand Denver City Council follow the action of the Supreme Court the ruling of the 9th Circuit Court that Camping Ban’s are unconstitutional. Join the rally and make your voice heard!

Monday December 16th 2019, the Supreme Court of the United States ruled that they will not review the Ninth Circuit case, Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018), thus upholding their ruling that it is cruel and unconstitutional to punish unhoused people for resting in public when they are involuntarily in public space.
In finding Boise’s ordinances unconstitutional as applied to Robert Martin and the other plaintiffs, the Ninth Circuit reasoned that people who are involuntarily in public space cannot be punished for universal and unavoidable human conduct, such as sitting, lying down, and sleeping. As was first held in Jones v. City of Los Angeles,1 punishing conduct that is involuntary and inseparable from homeless status is akin to punishing a person simply because he or she is homeless – a cruel result that cannot be tolerated under the Eighth Amendment.

The ruling makes clear that to determine involuntary presence in public space, courts must not look merely to whether housing or temporary shelter beds are empty, but to whether they are accessible. Access to adequate shelter means that a person has actual access to shelter that meets the person’s needs, taking into consideration disability, religious belief, and other individual factors.

Here in Denver CO right now a municipal judge is already hearing a motion to dismiss Jerry Burton’s Camping Ban ticket as unconstitutional. The Denver Camping Ban, just like the Boise one, criminalize the act of using cover in public space. This motion names numerous constitutional rights that are being violated by the law in addition to those named in the Boise case, including discrimination and state created danger by putting homeless people at greater risk under this law. This case makes it clear that shelters are not housing and cannot be treated as an option for someone to go to if it is less safe for them than the streets. This case will likely be appealed to higher courts and cost the City of Denver millions of dollar (that could be spent on housing) and years to defend. Denver City Council could end all of this immediately by voting to repeal the camping ban.

By not intervening in the Boise case, the Supreme Court keeps the ruling in place that these laws against public survival are unconstitutional. In order to uphold the constitution all cities, not just those in the 9th circuit, must overturn their Survival Ban.

Message to Denver City Council: Make the right choice NOW and end the Survival Ban before we have to spend millions more dollars and years in courts. Follow the action from the Supreme Court (yes even this Supreme court!) and end this unconstitutional law NOW!!!
Read More https://www.theguardian.com/law/2019/dec/16/supreme-court-wont-revive-homeless-camping-ban

 

Contact: Denver Homeless Out Loud
info@denverhomelessoutloud.org

Filed Under: #right2rest, #StopTheSweeps, Denver Homeless Out Loud

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Part 12... Infractions and Due Process Rights Ant Part 12...
Infractions and Due Process Rights 
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law. The process by which homeless people face repeated incarceration generally follows this scenario: A homeless man is sleeping on the sidewalk. A local ordinance makes it illegal to do so. The man gets a ticket and is later arrested for not paying the ticket. He spends a couple of days in jail, and is just as homeless now as he was before, only now he has a criminal record. This was the case for many of the individuals interviewed by RWHP. One man relayed the familiar scenario, “I was sleeping in a tent in a hidden spot near the freeway. They gave me a ticket for trespassing. I don’t have money to pay it. I’ve never been in jail before. I keep to myself, but now they’re going to make me a convict just for sleeping.”
SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMH SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT https://www.instagram.com/tv/ChAT9N5jNTY/?utm_source=ig_web_copy_link

This morning @phillysheriff ‘s came and evicted our protest encampment to Save the UC Townhomes. When asked why they were doing it, Rochelle Bilal responded that she “felt compassion for the townhomes residents but was just doing my job”

Even if the tents are gone WE AINT GOIN NOWHERE‼️
Saturday AUGUST 27 — 9 am to 4pm Sunday AUGUST 2 Saturday AUGUST 27 — 9 am to 4pm
Sunday AUGUST 28 — 12:30pm to 4pm

Westminster Presbyterian Church
1300 N Street, Sacramento

https://wraphome.org/2022/08/02/sacramento-ca-advocates-community-summit-on-homelessness-august-27-28th/
California. (S)Care Court Hearing Tomorrow 8/3 Las California. (S)Care Court Hearing Tomorrow 8/3 Last Hearing before floor Vote
https://conta.cc/3vzRoWo
Part 11 ... California’s “anti-Okie” laws of Part 11 ...
California’s “anti-Okie” laws of the 1930s and the South’s Jim Crow laws in effect from the late 1800s to the 1950s are examples of the kinds of local laws overturned in previous generations. Yet, modern “quality of life” legislation and enforcement targeting homeless people can be found in communities across the nation.
The City Council postponed their vote on the 41.18 The City Council postponed their vote on the 41.18 expansion to August 2nd. If passed, this motion will add approximately 1,900 additional sites–a 376% increase in exclusionary zones across the city. 41.18 would then cover at least 88 sq miles (that’s 20% of the entire city).

Services Not Sweeps is urging EVERYONE to come to City Hall at 9:00am on August 2 and tell City Council that 41.18 is BAD POLICY and should be repealed.

When we fight, we win. 
But this fight isn’t over.

The community flooded City Hall inside and out on Wednesday to protest the expansion of 41.18 but the fight is not over. It’s clear that President Nury Martinez and friends weren’t prepared for our numbers and realized they were unable to rally their (few but loud) 41.18 supporters. Council delayed the vote to Tuesday August 2nd in an attempt to erode our momentum and stifle our voices. 
 
We won’t let that happen. The fight now is to keep the pressure on and show up next week!! See you next Tuesday 9am. Bring a friend.
 
WHO: You and your friends!
WHERE: City Hall, 200 N Spring St 
WHEN: Tuesday August 2nd at 9:00am
HOW: Read more details on our toolkit.
AGENDA ITEM 14 https://lacity.primegov.com/Portal/Meeting?meetingTemplateId=102513
Part 10... In fact, however, enforcement is very m Part 10...
In fact, however, enforcement is very much impacted by both skin color and appearance. Local governments cannot legally discriminate against people strictly because they do not have housing. Federal protections prohibit local and state governments from removing people from their communities due to the color of their skin or economic/employment status.
Part 9... This nationwide pattern has escaped Civi Part 9... This nationwide pattern has escaped Civil Rights protections because on their face, these programs are not clearly discriminatory. Local laws are often drafted in such a way as to appear to apply equally to all people in a community.
Part 8... While certain communities highlight diff Part 8...
While certain communities highlight different controls at different times, often depending upon the outcome of local elections and legislative and court efforts, all have one primary common goal: to remove the presence and resulting impact of people without housing from local communities. As the Mayor of Las Vegas stated when she outlawed feeding people in city parks: “If we stop feeding them, they will leave.”
Part 7... This type of ticket is not uncommon. The Part 7...
This type of ticket is not uncommon. The most common public space and activity restrictions are those aimed at camping, sitting, lying, or trespassing on either public or private land, panhandling, sleeping, blocking the sidewalk and possessing “stolen property,” such as shopping carts and milk crates—to name just a few. Furthermore, these restrictions are often implemented in conjunction with the closure of public parks and the outlawing of free food and clothing distribution.
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2 days ago
Part 12...
Infractions and Due Process Rights 

Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law. The process by which homeless people face repeated incarceration generally follows this scenario: A homeless man is sleeping on the sidewalk. A local ordinance makes it illegal to do so. The man gets a ticket and is later arrested for not paying the ticket. He spends a couple of days in jail, and is just as homeless now as he was before, only now he has a criminal record. This was the case for many of the individuals interviewed by RWHP. One man relayed the familiar scenario, “I was sleeping in a tent in a hidden spot near the freeway. They gave me a ticket for trespassing. I don’t have money to pay it. I’ve never been in jail before. I keep to myself, but now they’re going to make me a convict just for sleeping.”
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8 Aug 1556771690356453376

Part 12...
Infractions and Due Process Rights
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law.

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8 Aug 1556762429144514561

SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT
“felt compassion for the townhomes residents but was just doing my job”
Even if the tents are gone WE AINT GOIN NOWHERE‼️

Image for the Tweet beginning: SHERIFFS DEPARTMENT TALKING DOWN THE Twitter feed image.
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8 Aug 1556733329566707713

Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

October 22nd Alliance to End Homelessness Press Release August 8, 2022 Beyond the Virginia Key Bantustan, reject any...

wraphome.org

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8 Aug 1556694552550903808

Los Angeles Homeless Sweeps Taxpayers pay over $70 million each year for the Los Angeles Police Department and LA Sanitation to displace homeless people under the guise of street cleaning. via @YouTube

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Los Angeles Homeless Sweeps

Taxpayers pay over $70 million each year for the Los Angeles Police Department and LA Sanitation to displace homel...

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2 Aug 1554448737400983554

NEW EPISODE of Fixing Our City. Houston set out to end chronic homelessness. It cut its homeless population by more than half in a decade, according to PIT counts. This week's fix: how do San Francisco’s initiatives compare with Houston's success story?

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Houston’s homelessness strategy could be a roadmap

Fixing Our City podcast: Texas’ largest city is getting national attention for its...

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