PPCC Supports Amicus Brief in Boise Homeless Case

Pacific Palisades Community Council joins Brentwood Community Council to asks Supreme Court to overturn ruling preventing cities from enforcing homeless laws

By Sam Catanzaro

The Pacific Palisades Community Council (PPCC) has signed onto a Brentwood Community Council (BCC) amicus brief in support of the City of Boise’s pitch to the United States Supreme Court to overturn a district court ruling that prevents cities from penalizing sleeping on sidewalks. 

A federal court ruling last year in the case Martin v. City of Boise barred cities from punishing individuals from sleeping on public property unless they provide sufficient and accessible indoor housing.

“As long as there is no option of sleeping indoors, the government cannot criminalize indigent, homeless people for sleeping outdoors, on public property,” reads the ruling from the United States Court of Appeals for the Ninth Circuit, which includes both Idaho and California. 

“The Palisades community has also been severely impacted by homelessness. Homeless individuals sleep on our sidewalks and camp in our ocean bluffs and park areas in the midst of residential neighborhoods (all of which are designated High Fire Hazard Severity Zones), resulting in dangerous fire conditions and other threats to public health and safety.

Pacific Palisades Community Council

In the decision, which ruled a City of Boise law penalizing homelessness unconstitutional, citing the Cruel and Unusual Punishments Clause of the Eighth Amendment, the court did give cities leeway to prohibit sleeping in public in certain situations. 

On August 22 the City of Boise filed a petition in the U.S. Supreme Court seeking review of the U.S. 9th Circuit Court of Appeals’ decision in Martin v. City of Boise, formally asking the Supreme Court to consider the case.

“If the 9th Circuit’s ruling is allowed to stand then cities will not have the tools they need to prevent a humanitarian crisis on their own streets. We hope the Supreme Court takes this case to restore the power of local communities to regulate the use of their streets, parks, and other public areas,” said Mayor Boise Dave Bieter.

“Even where shelter is unavailable, an ordinance prohibiting sitting, lying, or sleeping outside at particular times or in particular locations might well be constitutionally permissible,” the decision reads. 

Since Boise filed this request many local jurisdictions have filed amicus briefs in support of the city’s effort to have the 9th Circuit Court decision overturned. On September 17, the Los Angeles County Board of Supervisors voted to support Boise. Supervisor Sheila Kuehl who represents Pacific Palisades, however, voted against supporting Boise. 

On September 20, the BCC submitted an amicus brief supporting Boise, saying the ruling only will make the homeless crisis worse, an action supported by the PPCC. 

Its ruling creates confusion and inhibits the ability of local governments to effectively and humanely manage the homeless crisis and protect the health and safety of all their citizens

Brentwood Community Council

“The Palisades community has also been severely impacted by homelessness. Homeless individuals sleep on our sidewalks and camp in our ocean bluffs and park areas in the midst of residential neighborhoods (all of which are designated High Fire Hazard Severity Zones), resulting in dangerous fire conditions and other threats to public health and safety. While our respected local volunteer organization – the Pacific Palisades Task Force on Homelessness – has had some success, due to our unique conditions, in reducing hazardous encampments, we remain concerned with ongoing impacts on public health and safety should there be a future determination that our bluffs and park areas (public property) are not subject to regulation of overnight camping under the Ninth Circuit decision in Martin v. City of Boise,” wrote Christina Spitz, Secretary, for George Wolfberg, Chair, PPCC. 

According to the brief filed by the BCC, 9th Circuit ruling in Boise casts uncertainty on Los Angeles camping bans in high fire areas and other health and safety ordinances while also failing to provide clarity on any middle ground between reasonable camping and sleeping ordinances.

“Its ruling creates confusion and inhibits the ability of local governments to effectively and humanely manage the homeless crisis and protect the health and safety of all their citizens, both the homeless and sheltered,” reads the brief. “By eliminating rational tools for governmental bodies to protect their citizens’ health, safety, and welfare, the homelessness crisis is not going to be solved – it is going to get worse,” writes the BCC. 

The BCC says that real-world experiences of unregulated encampments in neighborhoods like Brentwood and Pacific Palisades impact the daily lives of residents. 

 “The 2017 Skirball Fire was caused by a homeless cookfire. It destroyed 422 acres, burned down 6 houses and damaged 12 more. Pacific Palisades has dealt with the same issue. We fear any wiggle room in the 9th Circuit opinion to contest these safety ordinances. The current City and County ordinances are in effect today, but they can be challenged under the 9th Circuit ruling in Boise,” the BCC said. “LA firefighters are now extinguishing almost seven fires a day started at homeless encampments or tents in neighborhoods across the city.” 

in News
Related Posts

Pacific Resident Theatre Presents Wolf Mankowitz’s “The Bespoke Overcoat”

March 29, 2024

March 29, 2024

Mankowitz Later Adapted the Play Into an Oscar-Winning Short Film Pacific Resident Theatre is presenting Wolf Mankowitz’s “The Bespoke Overcoat,”...

Hotel Workers to Speak Out on Harassment Endured at Santa Monica Hampton Inn

March 29, 2024

March 29, 2024

The Hotel Is One of Five Hotels in the Charter City That Are Still in a Labor Dispute By Zach...

Customers at These Palisades Stores Can Get Cash Rewards for Sharing Their Experience

March 28, 2024

March 28, 2024

Thumzup is Starting its L.A. Footprint Expansion with Pacific Palisades Thumzup, a company which aims to democratize the social media...

Venice’s Fig Tree Cafe to Host Solar Eclipse Viewing Experience

March 28, 2024

March 28, 2024

Patrons can procure a specially curated takeaway box from to enjoy an unobstructed view Fig Tree, the beachside café in...

 (Video) Philz Coffee Set to Close Westside Location Next Month

March 27, 2024

March 27, 2024

The Franchise Recently Made Headlines for Changing Headquarters @palisadesnews Philz is closing its Santa Monica shop #coffeeaddict #coffee #coffeeshop #losangeles...

Famous Literary Critic and Palisadian Passes Away at 92

March 27, 2024

March 27, 2024

A Memoriam Post Stated She Overturned Views on T. S. Eliot, Ezra Pound and Other Canonized Artists By Zach Armstrong...

Over Five Miles of Venice Blvd. to Temporarily Close, Become Public Park in April

March 27, 2024

March 27, 2024

The Initiative, Which Started in 2010, Aims to Connect Communities and Promote Sustainable Transportation Options On Sunday, April 21 from...

(Video) Workers Strike at Luxury Hotel in Downtown Santa Monica

March 27, 2024

March 27, 2024

Meanwhile, Unite Here Local 11 Recently Announced a Contract Was Ratified at 34 Hotels @palisadesnews Workers are striking at Proper...

Mixed-Use Development Set for Sloping Property along Chautauqua Boulevard

March 26, 2024

March 26, 2024

“Canyon Place” Is Set to Include Two Apartment Units and 1,415 Sq. Ft. of Office Space By Zach Armstrong A...

Venice Shorts: Brooks “Pop Up” Through April 21

March 26, 2024

March 26, 2024

More Cushion. More Softness. Less Gravity. By Nick Antonicello Hey, L.A.! Run by the Brooks Venice “Pop-up” to find the...

City Commences Phase 2 of Beach Restoration Project

March 26, 2024

March 26, 2024

The Project Will Enlarge the Habitat for Significant Native Species, Including the Federally Threatened Western Snowy Plover Phase 2 of...

Teen Kung Fu Coming to Pali Rec Center

March 25, 2024

March 25, 2024

This 8-week session, priced at $160, commences in April 2024 Palisades Recreation Center introduces Teen Kung Fu classes, fostering a...

SMC Unveils Spring 2024 Issue of Acclaimed Literary Journal, Author Readings Coming in April

March 25, 2024

March 25, 2024

The Issue Presents a Mix of New, Returning, and Debut Writers, Reflecting Diversity and Enduring Relationships Santa Monica College announced...

Animal Rights Groups Demand an End to Turtle Racing at Brennan’s Pub

March 25, 2024

March 25, 2024

The Organization Says Its Tried to Contact the Westside Bar for Months By Zach Armstrong Among its numerous entertainment events...

American Legion Palisades to Host Lounge Night and Free “Predator” Screening with Actor Richard Chaves

March 24, 2024

March 24, 2024

Entry for Adults Is $10, With Proceeds Benefiting a Deserving Veterans Nonprofit American Legion Palisades Post 283 invites all to...

Comments
Leave a Reply