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Venice Update

News of Venice, CA and Marina del Rey CA

Ninth Circuit Refuses to Re-Hear Martin Vs. City of Boise, Idaho

These are the states affected by the Ninth Circuit Court decision.

The Ninth Circuit Court, 1 April, refused to re-hear the Martin- suit against the City of Boise, Idaho. The Ninth Circuit thus continues to say that prosecuting people for sleeping on the streets if they have nowhere else to go is cruel and unusual punishment, a violation of the 8th Amendment of the US Constitution.

The city had asked for an “en banc” re-hearing, which would have meant a larger panel of judges than the usual three that are used in appeals.

The City of Boise released the following statement:

Todayʼs ruling does not mean the city ordinances are (unconstitutional), it simply has the effect of forcing the matter to be litigated further. Therefore, the cityʼs camping and disorderly conduct ordinances remain in effect until further clarification can be obtained from the courts; the ruling will not cause us to change our procedures.

Los Angeles has the Jones Settlement. Mayor Eric Garcetti stated: Los Angeles has a 50-year-old law banning sidewalk sleeping but has not enforced it in recent years due to a 2007 settlement with the ACLU. Last year Mayor Eric Garcetti said the city would start to enforce the ban again but only near one of 15 new emergency shelters.

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