Court: It's Cruel and Unusual Punishment to Ban Homeless From Sleeping on Streets

A 2009 law that banned sleeping in public spaces has been ruled unconstitutional by a federal appeals court.

1 minute read

September 6, 2018, 9:00 AM PDT

By James Brasuell @CasualBrasuell


Homeless and Police

Alex Millauer / Shutterstock

In a decision with far-reaching consequences, a federal appeals court ruled this week that cities can't prosecute homeless people for sleeping on streets, according to an article by Rebecca Boone.

Boone reports that the 9th U.S. Circuit Court of Appeals ruled in favor of six homeless people, who sued Boise, Idaho after the city approved an ordinance in 2009 that banned sleeping in public spaces. The law violates the 8th Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment, according to the court.

The article includes more details about how and why Boise passed the law what the ruling means for Boise and other cities with similar laws.

Tuesday, September 4, 2018 in AP via Idaho Statesman

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Large brutalist building and skyscrapers viewed from middle of wide street in downtown Houston, Texas.

Research Links Urban Design and Human Happiness

An emerging field of ‘neuroarchitectural’ research is revealing how building facades and urban design impact the human brain and body.

January 3, 2025 - Wired

Graphic illustrating street with various lanes designed in Streetmix.

Reimagining Your Street

How to use free online tools to redesign your local streetscape.

January 3, 2025 - Urbanism Speakeasy via Substack

Sprawl

Research: Sprawl Linked to Poverty

Low-income families living in high-sprawl neighborhoods are limited in their access to education, jobs, and other amenities, often trapping them in a cycle of poverty.

January 6, 2025 - Science Blog

Grandfather and young girl sitting on park bench.

Nature and Nurture: Understanding the Diversity of Biophilia

Biophilia, originally thought to be an innate and universal love for nature, is now understood as a temperament trait with significant individual differences influenced by genetics and experience.

30 minutes ago - Psychology Today

Aerial view of Olympia, Washington with state cpaitol dome in foreground on a somewhat cloudy day.

Washington Lawmakers Eye Rent Stabilization

Democrats are pushing for a statewide rent stabilization bill that would give renters some protections while offering more flexibility for landlords than blanket rent control policies.

January 14 - The Urbanist

Eaton Canyon trailhead in Los Angeles County on a cloudy day.

Wildfires Devastate LA Outdoor Education Spaces and Schools

The current Los Angeles wildfires have destroyed schools and outdoor education spaces like Eaton Canyon, displacing families and disrupting vital learning and community resources while highlighting the region’s vulnerability to natural disasters.

January 14 - AP News

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.