The plaintiffs argued that the ordinances also violated the Fourteenth Amendment’s Equal Protection and Due Process Clauses, as well as equivalent portions of the Idaho Constitution. They claimed that the enforcement of the ordinances violated their Eighth Amendment rights, criminalizing them for carrying out basic bodily functions. ¶¶ 19–20, but both eventually left the litigation, see Martin v. The plaintiffs also sued the City’s Police Department and Police Chief, id. See Amended Complaint, supra note 8, ¶¶ 3, 7–18. On October 22, 2009, Bell, Martin, and nine other homeless people sued the City.
In 2012, after filing a case against the city, Martin received another citation.
He had to pay a $75 fine and $75.50 in court costs. Answer to Amended Complaint, supra note 9, ¶ XIV.
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He was found guilty at trial and charged $150. Robert Martin, who has difficulty walking, received a citation for resting near a shelter. See Answer to Plaintiffs’ Amended Complaint for Injunctive Relief and Declaratory Relief and Monetary Damages ¶ XI, Bell, 834 F. She pled guilty and received a thirty-day suspended sentence. Amended Complaint for Injunctive and Declaratory Relief and Monetary Damages ¶ 7, Bell, 834 F. Janet Bell was cited twice, once for sitting on a riverbank with her backpack, another time for putting down a bedroll in the woods. another barred the “use any . . . streets, sidewalks, parks or public places as a camping place at any time.” 7 × 7.
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Idaho 2011) (alteration in original) (quoting Boise, Idaho, Code § 6-01-05(A), invalidated by Martin, 902 F.3d 1031). One ordinance banned “ccupying, lodging or sleeping in any . . . place . . . without . . . permission” 6 × 6. Indeed, the incremental political achievements of Martin’s long litigation process may prove more significant than the panel’s divisive, undemocratic decision.Ī decade ago, in Boise, Idaho, it was illegal to sleep in public. But this fractious debate is belied by the panel’s narrow holding, which neither protected homeless people nor precluded democratic politics. and thereby creating chaos for “hundreds of local governments . . . and . . . millions of people.” 5 × 5. Smith, J., dissenting from the denial of rehearing en banc). Judge Milan Smith, dissenting from a denial of rehearing en banc, accused his “unelected colleagues improperly inject themselves into the role of public policymaking” 4 × 4.
After a panel held that absolute bans violate the Eighth Amendment rights of homeless people, 3 × 3. the Ninth Circuit engaged in that familiar back-and-forth, this time sparring over the constitutionality of two city ordinances that banned sleeping and camping on public property. at 479 (Stevens, J., concurring in part and dissenting in part) (“In a democratic society, the longstanding consensus on the need to limit corporate campaign spending should outweigh the wooden application of judge-made rules.”). 310, 340 (2010) (“olitical speech must prevail against laws that would suppress it. nine unelected lawyers does not deserve to be called a democracy.”) and compare Citizens United v. at 2629 (Scalia, J., dissenting) (“A system of government that makes the People subordinate to. democratic decisionmaking.”), with id. 1623, 1637 (2014)) (“hen the rights of persons are violated, ‘the Constitution requires redress by the courts,’ notwithstanding. For two recent examples, compare Obergefell v. When should judges protect the people, and when should they defer to them? In countless contentious cases, courts have split: majorities invalidate laws to defend rights dissents decry the decisions as undemocratic.