Blue City Sued Over Anti-Homeless Laws Post-SCOTUS Ruling

Blue City Sued Over Anti-Homeless Laws Post-SCOTUS Ruling

Spokane’s Homeless Headache: ACLU Takes on the City

Well, folks, it seems the progressive paradise of Washington state is at it again. Just when you thought the Evergreen State couldn’t get any greener, the ACLU decided to plant a lawsuit right in Spokane’s backyard. But before you roll your eyes and reach for your “Save the Trees” bumper sticker, let’s dive into why this legal tussle matters to every red-blooded American who values clean streets and the rule of law.

The Legal Landscape

In a move that’s sure to ruffle some liberal feathers, the ACLU has filed a lawsuit against Spokane, Washington, challenging the city’s anti-camping laws. This comes hot on the heels of a U.S. Supreme Court ruling that gave cities the green light to enforce outdoor sleeping bans. The high court found that such bans don’t violate the Eighth Amendment’s prohibition on cruel and unusual punishment, even when shelter space is scarce.

SUPREME COURT RULES AGAINST HOMELESS ENCAMPMENTS 6-29-24 – YOUTUBE

But here’s where it gets interesting: Washington’s state constitution prohibits “cruel” punishment, offering more protection than its federal counterpart. The ACLU is banking on this difference to make their case stick.

The Spokane Situation

At the heart of this legal battle are Spokane’s ordinances on camping, sitting, or lying on public property. These laws can result in misdemeanor charges, punishable by fines or jail time. The ACLU argues that these ordinances effectively criminalize homelessness by creating “near-total islands of exclusion throughout the city.”

“This Spokane case serves as another opportunity for us to build out those protections under our state constitution, which is more protective than its federal counterpart,” Jazmyn Clark, director of the ACLU of Washington’s Smart Justice Policy Program, told The Associated Press.

The lawsuit involves two plaintiffs who have been cited under these ordinances, as well as a homeless services nonprofit. It’s worth noting that Washington has the fourth largest homeless population in the U.S., with over 28,000 homeless residents as of 2023.

The Broader Impact

This case isn’t just about Spokane. It could set a precedent for other states with similar constitutional language, including Pennsylvania, Delaware, Rhode Island, Kentucky, and South Dakota. Moreover, it highlights the tension between maintaining public order and addressing the complex issue of homelessness.

“This Spokane case serves as another opportunity for us to build out those protections under our state constitution, which is more protective than its federal counterpart,” Jazmyn Clark, director of the ACLU of Washington’s Smart Justice Policy Program

While some cities and states have adopted stricter encampment policies following the Supreme Court decision, this lawsuit could potentially put the brakes on such efforts in Washington and beyond.

Sources:

1.https://apnews.com/article/spokane-washington-homeless-camping-lawsuit-fd005ff740f2c13088c732434a2c6774

2.https://dailycaller.com/2024/08/01/spokane-sued-by-aclu-homesless-ordinance-supreme-court-decision/

3.https://ground.news/article/aclu-sues-washington-state-city-over-its-anti-homeless-laws-after-a-landmark-supreme-court-ruling

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