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San Francisco can not generally ban sleeping in public

A general ban on people sleeping in public places, allowing the San Francisco Police to arrest homeless people for having no place else to go, has been ruled cruel and unusual punishment by the US 9th Circuit Court.

KRON4:

Police can no longer arrest people for sleeping on the streets if they have nowhere else to go.

KRON4’s Lydia Pantazes at San Francisco police headquarters this morning.


She says a federal appeals court in San Francisco ruled arresting people who are sleeping on the street with no where else to go is cruel and unusual punishment.

The 9th U.S. Circuit Court of Appeals in San Francisco sided with six homeless people from Boise, Idaho, who sued the city in 2009 over a local ordinance that banned sleeping in public spaces.

The ruling could affect several other cities that have similar laws, including San Francisco.

For example, In San Francisco it is a misdemeanor sit or lie down on a public sidewalk, or on a mattress or other object on a sidewalk, between 7:00 a.m. and 11:00 p.m.

The question now is whether cities can ban sitting, lying, or sleeping outside during a particular time and at a specific location. While that may still be allowed, an all out ban is not.

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