Five years ago, a federal court issued a crucial ruling, Martin v. Boise, affecting homeless tent encampments in America:
People experiencing homelessness, the Ninth Circuit Court of Appeals said, can’t be punished for sleeping outside on public property if there are no adequate alternatives available.
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The case dates back to 2009, when Robert Martin and a group of fellow homeless residents in Boise, Idaho, sued, arguing that police citations they received for breaking local camping bans violated their constitutional rights. In 2018, the Ninth Circuit agreed that prosecuting people for sleeping or camping on public property when they have no home or shelter to go to violated the Eighth Amendment’s prohibition on cruel and unusual punishment.
“The government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter,” the court declared.
States, cities, and counties urged the US Supreme Court to take up the case, arguing the Ninth Circuit had created “a de facto” right to live on sidewalks and in parks that would “cripple” local leaders’ ability to safely govern their communities. But in 2019, the court declined, baffling some experts, though others suspect it’s because there were no conflicting circuit decisions at the time.
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While the decision only formally applies in areas under the Ninth Circuit’s jurisdiction, the ruling has reverberated nationally, as local governments consider how to address unsheltered homelessness in ways that could avoid costly constitutional legal battles. There have already been dozens of court cases citing Martin, including in the Fourth Circuit in Virginia, and federal lower courts in Ohio, Missouri, Florida, Texas, New York, and Hawaii.
For now, though, Martin’s impact can be seen most clearly out West. Just before Christmas 2022, for example, a district judge cited Martin when she ruled that San Francisco can no longer enforce encampment sweeps — meaning clear out homeless individuals and their property from an outdoor area — since the city lacks enough shelter beds for those experiencing homelessness to move into. San Francisco appealed the decision, arguing it’s “unnecessarily broad and has put the City in an impossible situation.”
In Phoenix, Arizona, residents and business owners filed a lawsuit last summer against the city for allowing a downtown homeless encampment to grow with nearly 1,000 people, but a federal judge — echoing Martin — barred Phoenix in December from conducting sweeps if there are more homeless people than shelter beds available. A competing decision issued in March by a state judge ordered Phoenix officials to clean up the “public nuisance” at the encampment by July 10, arguing the city has “erroneously” applied Martin to date.