(25 September 2019) Venice Stakeholders Association joined other parties and law firms filing an amicus brief in reference to the decision handed down by the Ninth Circuit Court of Appeals in the case of Martin v. the City of Boise, Idaho.
Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider. Many cities are filing an amicus brief in reference to the Martin v. Boise decision.
Jeffrey Lewis, specialist in appellate law, filed the amicus on behalf of the VSA in the US Supreme Court matter of Martin v. Boise. Here is the VSA Amicus Petition
Los Angeles City Council discussed the matter Tuesday and it was stated that an amicus brief was filed by Los Angeles City. LA County filed a brief earlier.
Two other papers of interest. A white paper discussion of the controversy prepared by the attorneys representing Boise is available. Other Amicus briefs filed by various third parties.
Briefly the Martin v. Boise decision said one had to provide a bed for each homeless person; otherwise, getting homeless off the street was violation of the 8th Amendment causing cruel and unusual punishment. Eighth amendment states:“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Holes were found in the decision such as it did not say one could not restrict homeless from certain areas. It did not state that people who could afford the rent were under unusual punishment. Ramifications of the decision are dire for law enforcement.
It has left cities in crisis mode. A US Supreme Court decision seems the only solution.
Sanitation for the housed and unhoused has come in question. Disease rates are rising. It has encouraged homelessness. It is a place for gangs and drug dealers. Crime, rape, and trafficking are rampant in encampments.
3rd Ave is cleaned by the BID Clean Team twice a day and then it is cleaned and sanitized on Fridays. Seldom does it look clean. It was found that Google had the Norway Rat that carries several diseases. The County installed 10 bait stations and sprayed for mosquitos. People drop off food. Old food is dumped. This cleaning is very expensive for cities. San Francisco has teams dedicated to picking up just needles all day long and another team that picks up human feces.
As cities strive to find short term and long term solutions, the costs continue upward and the health and safety of the unhoused and housed are put in jeopardy.
