[dropcap size=big]H[/dropcap]omeless advocates and people experiencing homelessness let out a sigh of relief as news broke Monday morning that the Supreme Court would not hear the Martin vs. Boise case, a landmark ruling that applies to all western states and grants people the right to sleep on the streets if there isn’t enough housing.
This comes three months after the L.A. County Board of Supervisors voted to file an amicus brief in favor of appealing Martin vs. Boise. The motion passed with a 3-2 vote and left Supervisors Solis and Kuehl as the only representatives to oppose the motion.
The decision to file the brief came at a time when the president suggested that L.A. should create camps to contain the homeless in addition to creating a statewide homeless “task force,” an idea that didn’t sit well with most homeless advocates and people experiencing homelessness. They argued that such a plan would lead to unhoused residents being further criminalized. The 9th district ruling in the Martin vs. Boise case found that arresting people for not having a place to live violated 8th amendment rights.
In the amicus brief filed by the City of Los Angeles, the city argued that “Sweeping language brings uncertainty to the city’s duty to maintain its public spaces.” Mike Feuer, the Los Angeles City Attorney also filed a separate brief that said, “Boise’s rationale sweeps too broadly, and the opinion is internally inconsistent and unclear.”
Had the Supreme Court overturned the ruling, the decision would have impacted cities across the country. For now, homeless people in L.A. are allowed to sleep on sidewalks between 9 PM and 6 AM because of a 2006 ruling. The agreement bars sitting or lying on the streets during the day. The reality, of course, is that on any given day or night, there are thousands of encampments set up across the city.
