Ruling Stands: Homeless Cannot Be Punished For Sleeping Outside In The Absence Of Adequate Alternatives

On April 1, 2019, a federal appeals court rejected a petition by the city of Boise in Robert Martin, et. al v. City of Boise (formerly Bell v. Boise) requesting an en banc hearing by the full appeals court to reconsider a September 2018 ruling. In that ruling, the Ninth Circuit Court of Appeals ruled that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives. For the immediate case, by rejecting the city’s en banc petition, the court of appeals ruling permits the homeless individuals who received criminal citations under Boise . . .