Sunday, April 16, 2006

Homeless Sleeping on Sidewalk Protected by Constitution

(San Francisco) Get a load of this. Obviously, a person has to be really, really smart to be a U.S. Appeals Court judge because, no matter how many times average people read the Constitution, they're not going to see what the judges find. This is from the 9th Circuit.

From SacBee.com:
Homeless_SleeperThe Eighth Amendment, which prohibits "cruel and unusual punishments," bars punishment of "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," said a divided panel of the 9th U.S. Circuit Court of Appeals.
I confess. They lost me at "involuntary sitting." And, truthfully, I have never thought about the "unavoidable consequence of being human."

The court specifically ruled that the city of Los Angeles could not roust derelicts off the streets unless the taxpayers had previously provided a cozy shelter for every conceivable vagrant that drifts in. In other words, the taxpayers must provide shelter or the homeless have the right, per the Constitution, to involuntarily sit, lie and sleep anywhere they damn well please on city sidewalks.

In conclusion, law school apparently not only teaches the law but also gives students X-ray vision. I still haven't found any reference to "homeless" in the Constitution, much less "involuntary sitting." I don't want to go to law school but I'd sure like to git some of that there X-ray vision.

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