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Venice Update

News of Venice, CA and Marina del Rey CA

Court of Appeals Says Homeless Can Sleep on Public Property if Shelter Beds Not Available

US Ninth Circuit Court of Appeals territory says one may sleep on public property if there is no available shelter bed available.

The US 9th Circuit Court of Appeals says homeless cannot be cited for sleeping on public property when there are no available shelter beds, 4 September. The court says it violates the US Constitution’s eighth amendment of cruel and unusual punishment being inflicted.

This further solidifies what Councilman Mike Bonin has stated in reference to the Jones Settlement. The Settlement states that after meeting the requirement of 1250 units of permanent supportive housing, the Jones Settlement would be removed. The number of units is so few compared with the number of homeless in Los Angeles, Councilman Bonin said the City would be back in court.

The court of appeals referred to availability of a bed for each homeless person. All the states within the ninth circuit are now in the same situation as Los Angeles.

Mayor Eric Garcetti’s plan to “discourage” those homeless in encampments who refuse his Bridge Home plan may be questionable. The court doesn’t mention “refusing” to accept a bed  with a plan that leads to permanent housing … it just says a bed and implies one for each person.   City Attorney Mike Feuer says he feels refusing the plan with a bed, is like refusing a bed.

See LA Times story.

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