by Bob Walsh
Anatole France made this sage comment at the end of the 19th century. It was mostly true, until Tuesday anyway.
The Ninth U.S. Circuit Court of Appeals took sides with six homeless people in Boise, Idaho and ruled that cities can NOT prosecute people for sleeping "on the streets" if they have nowhere else to go. So, now the RICH can be prosecuted for sleeping under bridges, but the poor can not.
The suit, dating from 2009, will no doubt have wide-ranging effect as very many cities have such laws.
In Boise they estimated at the time there were 4,500 homeless people and only 700 shelter beds. In addition, two of the cities three homeless shelters were religious based and REQUIRED participation in a religious program for you to crash with them.
The three-judge panel found problems both with the First Amendment (establishment of religion) and the Eighth Amendment (cruel and unusual punishment).
I guess the law is not as majestically equal as it used to be.
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