The U.S. Supreme Court Monday denied an appeal by the City of Boise to decide on the constitutionality of Boise’s anti-camping law.
Boise had earmarked more than $400,000 for attorney fees after the 9th Circuit Court of Appeals ruled the city ordinance as “cruel and unusual punishment.”
The issue was one of the main topics of the mayor’s race between Dave Bieter and Lauren McLean. McLean opposed the ordinance, Bieter favored it. Cities across the USA filed “friend of the court” briefs seeking a legal decision on the ordinance. As it sits now, the decision of the 9th Circuit Court of Appeals stands and the Boise ordinance is dead.
The GUARDIAN also warned nearly seven years ago about the pitfalls of trying to criminalize homeless issues, including panhandling.
Of eight homeless people who were issued tickets for camping on city property during 2019, city attorneys declined to prosecute three, two pled guilty resulting in a two and a three day room and board in a warm jail cell. Three cases are pending, but will logically be dismissed.
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