Los Angeles homeless ordinance constitutionality ruling [9th Circuit] News
Los Angeles homeless ordinance constitutionality ruling [9th Circuit]

Jones v. City of Los Angeles, US Court of Appeals for the Ninth Circuit, April 14, 2009 [holding that a Los Angeles ordinance that subjects the homeless to arrest if they are caught "sitting, lying or sleeping on public sidewalks" violates the prohibition against cruel and unusual punishment found in the Eighth Amendment of the US Constitution]. Excerpt:

We hold only that, just as the Eighth Amendment prohibits the infliction of criminal punishment on an individual for being a drug addict, Robinson, 370 U.S. at 667; or for involuntary public drunkenness that is an unavoidable consequence of being a chronic alcoholic without a home, Powell, 392 U.S. at 551 (White, J., concurring in the judgment); id. at 568 n.31 (Fortas, J., dissenting); the Eighth Amendment prohibits the City from punishing involuntary sitting, lying, or sleeping on public sidewalks that is an unavoidable consequence of being human and homeless without shelter in the City of Los Angeles.

Read the full text of the majority decision [PDF] and dissent [PDF]. Reported in JURIST's Paper Chase here.