California appeals court rules homeless
have right to sleep on sidewalks, in parks
Post Millennial (Ottawa, Canada),
by
Ari Hoffman
Original Article
Posted By: Beardo,
1/17/2024 1:04:47 PM
An appellate court upheld a ruling last week limiting San Francisco's efforts to clear drug encampments from sidewalks and public areas. (snip) In the ruling, Circuit Judge Lucy H. Koh wrote the majority opinion and was joined by Circuit Judge Roopali H. Desai who are both Biden appointees. The opinion used an interpretation that said it was "cruel and unusual" to prevent the homeless from sleeping in public.
Trump appointee Circuit Judge Patrick J. Bumatay dissented, writing it "cannot be cruel and unusual to prohibit homeless persons from sleeping, camping, and lodging wherever they want, whenever they want."
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Reply 1 - Posted by:
Ida Lou Pino 1/17/2024 1:09:55 PM (No. 1638326)
Next Up - - - -
The "homeless" have a "right" to sleep in your master bedroom - - and there's nothing you can do about it.
22 people like this.
Reply 2 - Posted by:
AGGW 1/17/2024 1:11:47 PM (No. 1638327)
To paraphrase a quote I think was once attributed to Ann Landers, their rights end where my rights begin. My right would be to be able to walk down a street that my tax money paid for.
25 people like this.
Reply 3 - Posted by:
privateer 1/17/2024 1:12:34 PM (No. 1638329)
Now public sidewalks and parks. Tomorrow YOUR yard and any unused bedrooms. Gullifornia is now officially 'Bumtopia'. Yeah, we need Mr. Greasy Kid Stuff to rule the Land.
18 people like this.
Reply 4 - Posted by:
Lawsy0 1/17/2024 1:29:57 PM (No. 1638344)
Gov. Brylcreem isn't the cause of California craziness, just one of the latest symptoms. (In this current decade. There were earlier decades of decay.) Those of us who hold tight to our life-long love of the Golden State will mourn and pine forever more, but we can never go back. The pain would be too great.
16 people like this.
Reply 5 - Posted by:
aasilver 1/17/2024 1:37:41 PM (No. 1638352)
The Liberal mantra
"chaos uber alles"
7 people like this.
Reply 6 - Posted by:
DVC 1/17/2024 1:42:14 PM (No. 1638357)
Th ecops used to roust the bums and send them out of town. Now the courts say the bums have more rights than we do.
And how many of these bums aren't even Americans?
14 people like this.
Reply 7 - Posted by:
Jethro bo 1/17/2024 1:44:12 PM (No. 1638363)
So based on the Biden judges, housing coding and eminent domain are cruel and unusual punishment as well.
9 people like this.
Reply 8 - Posted by:
WV.Hillbilly 1/17/2024 1:46:24 PM (No. 1638367)
Too many foreigners making and interpreting our laws. A Korean and a Canadian/Indian in this case.
10 people like this.
Reply 9 - Posted by:
bamboozle 1/17/2024 1:51:05 PM (No. 1638373)
Install homeless camps in the neighborhoods where the judges and politicians live. It's the only fair way.
25 people like this.
Reply 10 - Posted by:
LC Chihuahua 1/17/2024 2:03:10 PM (No. 1638382)
Put those homeless on the same sidewalk the good judge uses and see how fast that changes. NIMBY!
16 people like this.
The city should immediately relocate the bums to the courthouse steps and the neighborhoods where these stupid justices live.
10 people like this.
Reply 12 - Posted by:
jasmine 1/17/2024 3:01:13 PM (No. 1638410)
Understanding the background that led to closing mental institutions is critical to understanding intractable homelessness today. We once had hospital beds across the country for treating mental patients. In the 1950s well intentioned people thought it was possible to treat mental illness with new pharmaceuticals (that didn't appear as quickly as expected) and to treat the mentally ill in their own communities. What happened instead is that the good intentions got ahead of the facts. Too little supervision in hospitals led to horrifying mistreatment of patients, but instead of fixing that problem. the institutions were closed and the hospital beds lost.The community treatment facilities didn't get built, and the promising new drugs didn't appear, nor live up to expectations. Politicians today try to blame homelessness on a lack of housing. They blame school shootings on guns, as if mental illness isn't a factor. The mentally ill deserve better treatment than living on the streets.
I encourage everyone to take a few minutes to read up on the history of deinstitutionalization, to better understand how allowing people to live on the streets is every bit as irresponsible as doing away with safe places where they can be treated.
https://journalofethics.ama-assn.org/article/deinstitutionalization-people-mental-illness-causes-and-consequences/2013-10
9 people like this.
Reply 13 - Posted by:
MissMann 1/17/2024 3:12:28 PM (No. 1638418)
You're not allowed to line up tents in your front yard (or much else), you're not allowed to crap in the street, but those rules only apply to you. How does a culture survive such nonsense?
6 people like this.
Reply 14 - Posted by:
Kafka2 1/17/2024 3:22:07 PM (No. 1638425)
I wonder where this judge was when all the homeless people were cleared from the sidewalks and parks for the visit of the leader of China? It seems to me that the law is whatever he and the politicians want it to be at any moment in time.
8 people like this.
Reply 15 - Posted by:
nwcudagal 1/17/2024 4:21:23 PM (No. 1638468)
Many decades ago I worked in an insurance office on main street in a very small town. Occasionally a vagrant would wander in for free coffee and become disruptive, but that would not be tolerated for long. The Sheriff would show up with a bus ticket, and no more vagrant!
6 people like this.
Reply 16 - Posted by:
FLCracker 1/17/2024 4:45:01 PM (No. 1638475)
They're looking at this the wrong way.
Do the homeless have the right to deny the public access/use of public property?
If so, are they any limits on that? If not, then they are, effectively, homesteaders, and the property is not public property.
Then, I suppose, they can arrest them for not paying their taxes on their homesteaded property.
5 people like this.
Reply 17 - Posted by:
Strike3 1/17/2024 5:17:45 PM (No. 1638500)
Ban all recreational drugs and the homeless will disappear faster than idle soldiers when the Sarge asks for volunteers to clean the latrines.
5 people like this.
Reply 18 - Posted by:
caljeepgirl 1/17/2024 10:29:55 PM (No. 1638668)
Whatever happened to vagrancy laws?!?
1 person likes this.
Reply 19 - Posted by:
padiva 1/17/2024 10:33:35 PM (No. 1638670)
Free pizza and ice cream this Saturday night 10pm at Pelousi's house.
(BYOH - bring your own hammer)
1 person likes this.
How about they sleep in the Appeal Court building. Would that be ok?
1 person likes this.
Reply 21 - Posted by:
Trigger2 1/18/2024 12:50:06 AM (No. 1638697)
Good luck with that one. I can already picture moving vans leaving CA.
1 person likes this.
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