What were they Thinking!?

L.A., Cal., Mun. Code ss 41.18(d) (2005).
A violation of section 41.18(d) is punishable by a
fine of up to $1000 and/or imprisonment of up to
six months. - Id. ss 
11.00(m).
	

The City could not expressly criminalize the status of homelessness by making it a crime to be homeless without violating the Eighth Amendment, nor can it criminalize acts that are an integral aspect of that status. Because there is substantial and undisputed evidence that the number of homeless persons in Los Angeles far exceeds the number of available shelter beds at all times, including on the nights of their arrest or citation, Los Angeles has encroached upon Appellants' Eighth Amendment protections by criminalizing the unavoidable act of sitting, lying or sleeping at night while being involuntarily homeless.

Jones argues that LAMC ss 41.18(d) makes criminal what biology and circumstance make necessary, that is, sitting, lying, and sleeping on the streets. He maintains that the gap between the number of homeless persons in Los Angeles, and the number of available shelter beds, leaves thousands without shelter every night. Jones claims that some 42,000 people are homeless each night in the City of Los Angeles, with approximately 11,000 living in the Skid Row area. The number of homeless persons exceeds the number of available shelter beds. Of the 11,000 on Skid Row, approximately 7,000 sleep in a single room occupancy facility and 2,000 stay in emergency shelter facilities. - (See id.)

 -  id. at 568 n.31
(Fortas, J., dissenting);  the Eighth Amendment
prohibits the City from punishing involuntary
sitting, lying, or sleeping on public sidewalks
that is an unavoidable consequence of being
human and homeless without shelter in the City
of Los Angeles.
	

[14]We do not suggest that Los Angeles adopt any particular social policy, plan, or law to care for the homeless. See Johnson v. City of Dallas, 860 F. Supp. 344, 350-51 (N.D. Tex.1994), rev'd on standing grounds, 61 F.3d 442 (5th Cir. 1995). We do not desire to encroach on the legislative and executive functions reserved to the City Council and the Mayor of Los Angeles. There is obviously a "homeless problem" in the City of Los Angeles, which the City is free to address in any way that it sees fit, consistent with the constitutional principles we have articulated.

That being an impossibility, by criminalizing sitting, lying, and sleeping, the City is in fact criminalizing Appellants' status as homeless individuals. Similarly, applying Robinson and Powell, courts have found statutes criminalizing the status of vagrancy to be unconstitutional. For example, Goldman v. Knecht declared unconstitutional a Colorado statute making it a crime for "'[a]ny person able to work and support himself'" to "'be found loitering or strolling about, frequenting public places,...begging or leading an idle, immoral or profligate course of life, or not having any visible means of support.'" 295 F. Supp. 897, 899 n.2, 908 (D. Colo. 1969) (three-judge court); see also Wheeler v. Goodman, 306 F. Supp. 58, 59 n.1, 62, 66 (W.D.N.C. 1969) (three judge court) (striking down as unconstitutional under Robinson a statute making it a crime to, inter alia, be able to work but have no property or "'visible and known means'" of earning a livelihood), vacated on other grounds, 401 U.S. 987 (1971).

Protection against deprivations of life, liberty and property without due process is, of course, the role of the Fourteenth Amendment, not the Eighth. The majority's analysis of the substantive component of the Eighth Amendment blurs the two. However, the Eighth Amendment does not afford due process protection when a Fourteenth Amendment claim proves unavailing.

The defense encompasses the very difficulties that Jones posits here: sleeping on the streets because alternatives were inadequate and economic forces were primarily to blame for his predicament. Id. at 390. Jones argues that he and other homeless people are not willing or able to pursue such a defense because the costs of pleading guilty are so low and the risks and challenges of pleading innocent are substantial.

By our decision, we in no way dictate to the City that it must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets of Los Angeles at any time and at any place within the City. All we hold is that, so long as there is a greater number of homeless individuals in Los Angeles than the number of available beds, the City may not enforce section 41.18(d) at all times and places throughout the City against homeless individuals for involuntarily sitting, lying, and sleeping in public.

	and these are my Viewpoints
	of those "progressive" developments
	of the Growth that has been
       	SOOoooo-oO0HH!!
      "Good for the Economy"!!?

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