A Ninth Circuit precedent set in 2018 is still the law in Alaska and eight other western states: It is unconstitutional to punish homeless people for camping in public spaces when they have nowhere else to go.
Meghan Barker with the American Civil Liberties Union of Alaska said these briefs are a pretty common move.Barker said the ACLU maintains that the municipality has a legal and moral obligation to develop meaningful solutions to homelessness.argues that the Ninth Circuit’s decisions were “flawed in theory and unworkable in practice.” It says they force local governments to “build more shelter or surrender public spaces.
Bronson has previously said that the Martin v. Boise decision created problems, but “was not that bad.” On political blogger Jeff Landfield’s“I’m not gonna fight Martin versus Boise,” he said. “But I don’t think principally we ever want to get to the point where we punish people for being homeless. But we do need to compel them to do what’s best for them – and I don’t think that’s punishment, whatsoever – and get them into treatment.
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