DOJ: Banning the Homeless from Sleeping Outside Violates the Eighth Amendment’s ‘Cruel and Unusual Punishments’ Clause
Acton Institute Powerblog

DOJ: Banning the Homeless from Sleeping Outside Violates the Eighth Amendment’s ‘Cruel and Unusual Punishments’ Clause

PNG 0316N homeless 008While being homeless is not a crime, cities across America are increasingly making activities associated with a lack of shelter against the law. A survey of 187 cities found that 34 percent impose city-wide bans on camping in public and 18 percent impose city-wide bans on sleeping in public.

In 2009, a group of homeless plaintiffs challenged the city of Boise, Idaho over its ordinance banning sleeping and camping in public places. This week the Department of Justice issued a statement of interest in the case arguing that making it a crime for people who are homeless to sleep in public places, when there is insufficient shelter space in a city, unconstitutionally punishes them for being homeless:

[I]t should be uncontroversial that punishing conduct that is a universal and unavoidable consequence of being human violates the Eighth Amendment. . . Sleeping is a life-sustaining activity—i.e., it must occur at some time in some place. If a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless.”

“Many homeless individuals are unable to secure shelter space because city shelters are over capacity or inaccessible to people with disabilities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Criminally prosecuting those individuals for something as innocent as sleeping, when they have no safe, legal place to go, violates their constitutional rights. Moreover, enforcing these ordinances is poor public policy. Needlessly pushing homeless individuals into the criminal justice system does nothing to break the cycle of poverty or prevent homelessness in the future. Instead, it imposes further burdens on scarce judicial and correctional resources, and it can have long-lasting and devastating effects on individuals’ lives.”

“No one wants people to sleep on sidewalks or in parks, particularly not our veterans, or young people, or people with mental illness,” said Director Lisa Foster of the Office for Access to Justice. “But the answer is not to criminalize homelessness. Instead, we need to work with our local government partners to provide the services people need, including legal services, to obtain permanent and stable housing.”

Read more . . .

(Via: Washington Post)

Joe Carter

Joe Carter is a Senior Editor at the Acton Institute. Joe also serves as an editor at the The Gospel Coalition, a communications specialist for the Ethics and Religious Liberty Commission of the Southern Baptist Convention, and as an adjunct professor of journalism at Patrick Henry College. He is the editor of the NIV Lifehacks Bible and co-author of How to Argue like Jesus: Learning Persuasion from History's Greatest Communicator (Crossway).