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Posts Tagged ‘Latham & Watkins LLP’

BY BRICE MARYMAN, FASLA

The Supreme Court leaves in place a decision that prevents criminalizing the habits of the homeless.

FROM THE FEBRUARY 2020 ISSUE OF LANDSCAPE ARCHITECTURE MAGAZINE.

 

With nowhere else to go, people experiencing homelessness increasingly occupy spaces designed by landscape architects: parks, medians, overpasses, stream corridors, and urban forests. Fearful of this new phenomenon, many communities have made it illegal to ask for change, sleep on benches, or pitch tents in public. A recent action by the United States Supreme Court may stem this tide of reactive stigmatization, criminalization, and incarceration. While homeless advocates and constitutional scholars hope that it may force cities to pivot toward a more comprehensive, proactive set of strategies to help people exit homelessness, they are also wary of recent signals from the federal government that suggest a doubling down on counterproductive punitive approaches.

Between 2007 and 2009, Boise, Idaho’s criminal justice system cited, fined, and sentenced Janet Bell and Robert Martin for violating the city’s new ordinances that made it illegal for anyone to be “occupying, lodging, or sleeping in any…place…without…permission,” including the use of “streets, sidewalks, parks, or public places as a camping place at any time.” Though they were members of the public, sleeping in the city’s public spaces had been deemed a crime. (more…)

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