[go: nahoru, domu]

41.18: Difference between revisions

Content deleted Content added
m Hail~the~maintainers moved page Draft:Section 41.18 to Draft:41.18
Line 13:
 
=== ''Jones v. The City of Los Angeles'' ===
In 2003, the [[American Civil Liberties Union|ACLU]] of Southern California and the [[National Lawyers Guild]] filed a case on behalf of an unhoused man named Edward Jones, who was one of six homeless individuals who had been cited by the [[Los Angeles Police Department|LAPD]] for sleeping on the sidewalk. The [[Appellant|appellants]] had been living in the [[Skid Row, Los Angeles|Skid Row]] neighborhood of [[Los Angeles]] for as long as two to forty years. The descriptions of their lives revealed a broad spectrum of the causes of their homelessness. Most were disabled and had limited mobility and were unable to stay employed due to their own or their spouse's physical or mental disabilities. The appellants' various sources of support from [[Social Security (United States)|Social Security]], [[General Assistance]], [[Supplemental Nutrition Assistance Program|food stamps]], and other programs were not enough to afford housing or pay for a hotel room every night. At the time the number of homelessunhoused people in [[Skid Row, Los Angeles|Skid Row]] exceeded the number of available shelter beds resulting in them not always being able to obtain a bed in a free shelter. In conclusion, the court reviewed the availability of housing in [[Los Angeles]] and found that there was insufficient space available in [[Hotel|hotels]], [[Homeless shelter|shelters]], and most especially permanent housing, leaving more than 1,000 persons in [[Skid row|Skid Row]] without shelter each night. The case further revealed that there were nearly 50,000 more homelessunhoused people than available shelter beds in all of [[Los Angeles County, California|Los Angeles County]]. The court determined that in this circumstance where the number of homelessunhoused people exceeded the number of available beds-enforcement of the ordinance would violate appellants' [[Eighth Amendment to the United States Constitution|Eighth Amendment]] rights. Additionally, Jones and his wife were both homelessunhoused and there were no shelters that permitted a childless couple to stay together along with their combined monthly general relief check is not sufficient to pay for a hotel room on Skid Row for the entire month.<ref>{{Cite web |title=FindLaw's United States Ninth Circuit case and opinions. |url=https://caselaw.findlaw.com/us-9th-circuit/1490887.html |access-date=2022-05-17 |website=Findlaw |language=en-US}}</ref>
 
In 2006, ''Jones v. The City of Los Angeles'' came before the [[United States Court of Appeals for the Ninth Circuit|Ninth Circuit Court of Appeals]]. The court upheld a ruling that 41.18(d) was a violation of the [[Eighth Amendment to the United States Constitution|Eighth Amendment]], which prohibits cruel and unusual punishment. The settlement of the case concluded that the city of [[Los Angeles]] agreed not to enforce 41.18(d) until they had provided 1,250 units of permanent [[public housing]].<ref>{{Cite web |title=ACLU of Southern California Wins Historic Victory in Homeless Rights Case |url=https://www.aclu.org/press-releases/aclu-southern-california-wins-historic-victory-homeless-rights-case |access-date=2022-05-12 |website=American Civil Liberties Union |language=en}}</ref><ref>{{Cite web |title=Jones v. State of Los Angeles {{!}} Case Brief for Law Students |url=https://www.casebriefs.com/blog/law/criminal-law/criminal-law-keyed-to-lee/eighth-amendments-cruel-and-unusual-punishment/jones-v-state-of-los-angeles/ |access-date=2022-05-12}}</ref> The court affirmed that an individual may become homeless based on factors both within and beyond their immediate control, especially in consideration of the composition of the homeless as a group:  the [[Mental disorder|mentally ill]], people with a [[substance use disorder]], [[victims]] of [[domestic violence]], the [[Unemployment|unemployed]], and the [[Employability|unemployable]] and to convict people who are homeless who do not otherwise have options for housing or support is [[Constitutionality|unconstitutional]].<ref name=":2" />