I have an article this morning on Fox News’ website about the recent court ruling that declares Phoenix’s homeless “Zone” an illegal public nuisance. Excerpt:
Phoenix leaders had claimed their hands were tied by a 2019 Ninth Circuit ruling that held that the city of Boise, Idaho, violated the U.S. Constitution’s "cruel and unusual punishment" clause by arresting people for sleeping on sidewalks. "Human beings are biologically compelled to rest," that court reasoned, so punishing them for "involuntarily sitting, lying, and sleeping in public" was cruel — akin to punishing them for "an illness or disease." If a city lacks sufficient bed space in its shelters to accommodate the homeless, the Ninth Circuit said, it’s unconstitutional to arrest them for sleeping on the streets.
But whatever one thinks about that case, it hardly applies to Phoenix’s situation, which doesn’t involve people "involuntarily" sleeping on sidewalks for lack of shelter space. The Zone’s residents are living there indefinitely, not because they’re biologically compelled to, but because they choose not to seek other arrangements.
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