Tags: ninth circuit | homeless | sleeping

Ninth Circuit Judge Abets Homeless

Ninth Circuit Judge Abets Homeless
(Chris Dorney/Dreamstime.com)

By with Michael R. Shannon
Tuesday, 27 August 2019 11:50 AM Current | Bio | Archive

Most of the time conservatives blame leftist government officials and bureaucrats for the explosion of homeless encampments in California. That’s true up to a point, but creating a disaster of this size requires many helping hands.

In this instance one of the big helpers is Ninth Circuit Court of Appeals Judge Marsha Berzon. The 9th Circuit may ring a bell with readers because it is frequently in the news. Most often when a politician in a black robe decides to thwart President Trump and unilaterally impose his policy preferences on the nation.

In a 2018 ruling Berzon overturned a Boise city ordinance that prohibited sleeping on public property. Her ‘reasoning’ in the opinion explains a lot about judges on the 9th Circus. The LAist.com reminds us she wrote, “As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property, on the false premise they had a choice in the matter.”

This is a window into the left’s policy mindset. First, except for the handful of solid citizens forced out of their homes due to economic factors — you probably already know them by name since these unfortunates are always the individuals highlighted in stories on the ‘plight of the homeless’ — and the mentally ill who are non compos mentis, the rest of the homeless most certainly did have a choice.

They choose to become and remain alcoholics. Or they chose to become and remain drug addicts. Or they chose to break the law and become criminals. Or they choose to be reflexively oppositional to any and all rules of society. Or they choose to refuse to take the psychiatric medicine that would allow them to function in society.

Those homeless are victims all right. Victims of their own poor decisions.

Secondly, when did it become the responsibility of government to provide housing for anyone besides prison inmates and the institutionalized? That’s the second insight to Berzon’s faulty reasoning which tolerates dysfunction at the expense of taxpayers who obey the rules.

In the wake of her ruling, the Los Angeles city council has decided to repeal its sleeping on the sidewalk ordinance. “[Council members want] city council to replace the law with one that is more narrowly tailored, and compliant with a recent federal court decision.”

The law will attempt to bring a semblance of civilization to a city currently known for residents dodging poop on the sidewalk as they walk to work.

The new, targeted law bans “sitting, sleeping or lying”

Within 10 feet of a driveway or building entrance.


Within 500 feet of a park, school, or daycare center.


Within 500 feet of a homeless shelter or homeless housing that's opened since January 2018. In any way that violates free passage of someone in a wheelchair pursuant to the Americans with Disabilities Act.


On bike paths.


In or upon any tunnel, bridge, or pedestrian subway that is on a city-designated school route.

On public land with posted "no trespassing" signs and closing times.

On "crowded public sidewalk areas" like those where street vending is outlawed or near large venues.

That’s a start but the council could practically eliminate many of the disgusting homeless camps crowding sidewalks if it would ban any that impede people who rely on the Americans with Disabilities Act to get around.

Don’t hold your breath. And also, don’t hold your breath waiting for the revised ordinance to make a difference. Having a law on the books is one thing. Having a city council that will demand police enforce the law is something else entirely.

Michael Reagan, the eldest son of President Reagan, is a Newsmax TV analyst. A syndicated columnist and author, he chairs The Reagan Legacy Foundation. Michael is an in-demand speaker with Premiere speaker’s bureau. Read more reports from Michael Reagan — Go Here Now.

Michael R. Shannon is a commentator, researcher for the League of American Voters, and an award-winning political and advertising consultant with nationwide and international experience. He is author of "Conservative Christian’s Guidebook for Living in Secular Times (Now with added humor!)." Read more of Michael Shannon's reports — Go Here Now.

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Most of the time conservatives blame leftist government officials and bureaucrats for the explosion of homeless encampments in California. That’s true up to a point, but creating a disaster of this size requires many helping hands.
ninth circuit, homeless, sleeping
695
2019-50-27
Tuesday, 27 August 2019 11:50 AM
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