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Homeless Persons Cannot Be Punished for Sleeping in Absence of Alternatives, 9th Circuit Decision Establishes

NNPA NEWSWIRE — Judge Berzon, in her opinion, notes that the decision, while important, is unlikely to impose dire consequences on cities. “The distressing homelessness problem…has grown into a crisis for many reasons, among them the cost of housing, the drying up of affordable care for people with mental illness, and the failure to provide adequate treatment for drug addiction. The crisis continued to burgeon while ordinances forbidding sleeping in public were on the books and sometimes enforced.”

Published

7 years ago

April 22, 2019

Oakland Post

National Law Center on Homelessness and Poverty, NNPA Newswire Contributor

People experiencing unsheltered homelessness in the west coast states of the Ninth Circuit can sleep more safely, without facing criminal punishment for simply trying to survive on the streets. The Ninth Circuit Court of Appeals rejected an en banc petition by the city of Boise in Martin v. Boise (formerly Bell v. Boise), leaving in place its September 2018 ruling that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives. In so holding, the court of appeals permitted the homeless individuals who have received criminal citations under Boise’s policy to proceed with their constitutional claims against the City. The National Law Center on Homelessness & Poverty, which filed the case in 2009 with co-counsel Idaho Legal Aid Services and Latham & Watkins LLP, hails this decision as being essential to encouraging cities to propose constructive alternatives to homelessness.

“Criminally punishing homeless people for sleeping on the street when they have nowhere else to go is inhumane, and we applaud the Court for ruling that it is also unconstitutional,” said Maria Foscarinis, executive director at the National Law Center on Homelessness & Poverty. “It’s time for Boise to stop trying to hide its homelessness problem with unconstitutional ordinances, and start proposing real solutions.”

The case challenges Boise’s enforcement of its Camping and Disorderly Conduct Ordinances against persons experiencing homelessness who need to sleep in public in the absence of adequate housing or shelter. Last September, a panel of the Ninth Circuit agreed with the central premise in the suit, holding that “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.” Following that ruling, the city of Boise petitioned the Ninth Circuit to rehear the case en banc. Today, the court rejected that request, thereby affirming that within the western states that make up the Ninth Circuit, “the Eighth Amendment preclude[s] the enforcement of a statute prohibiting sleeping outside against homeless individuals with no access to alternative shelter.”

“Today, the court says that people experiencing homelessness cannot be punished for sleeping or sheltering on the streets in the absence of alternatives,” said Eric Tars, Legal Director at the National Law Center on Homelessness & Poverty. “But our hope is that tomorrow, cities will begin to create those alternatives—getting homeless people into housing is a win-win approach, benefitting both the individuals helped and the communities that no longer have to deal with the negative impacts of people living in public spaces, at lower cost than cycling people through the criminal justice system.”

The case gained national attention in 2015 when the United States Department of Justice filed a Statement of Interest brief in the case, arguing that making it a crime for people who are homeless to sleep in public places unconstitutionally punishes them for being homeless.

“The outcome of Court’s decision will support cities who are addressing real solutions to the complex issues faced by homeless individuals and families rather than just create more barriers and fill more jails with persons who only needed a place to sleep for the night,” said Howard Belodoff, of Idaho Legal Aid Services, Inc. “Boise can be one of those cities—it has the resources, it just needs to apply them correctly.”

Judge Berzon, in her opinion, notes that the decision, while important, is unlikely to impose dire consequences on cities. “The distressing homelessness problem…has grown into a crisis for many reasons, among them the cost of housing, the drying up of affordable care for people with mental illness, and the failure to provide adequate treatment for drug addiction. The crisis continued to burgeon while ordinances forbidding sleeping in public were on the books and sometimes enforced.”

“We are pleased that the Ninth Circuit held that the Constitution ‘prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter,’” said Michael Bern, lead pro bono counsel from Latham & Watkins, who argued the case before the Ninth Circuit. “As the Department of Justice recognized earlier in this case, ‘[c]riminalizing public sleeping in cities with insufficient housing and support for homeless individuals does not improve public safety outcomes or reduce the factors that contribute to homelessness.’ With today’s decision, we hope that cities can redirect their efforts to identifying meaningful and constitutional solutions to the problem of homelessness.”

This case is part of a nationwide movement against the criminalization of homelessness, spearheaded by the National Law Center on Homelessness & Poverty and more than 850 groups and individuals who have endorsed the Housing Not Handcuffs Campaign.

The court’s decision can be read here.

The National Law Center on Homelessness & Poverty is the only national organization dedicated solely to using the power of the law to prevent and end homelessness. With the support of a large network of pro bono lawyers, we address the immediate and long-term needs of people who are homeless or at risk through outreach and training, advocacy, impact litigation, and public education. The Housing Not Handcuffs campaign is a project supported by the AmeriCorps VISTA program.

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NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury

Philadelphia Eagles quarterback Jalen Hurts found Darius Cooper with nine seconds left for the game winning touchdown as his team beat the Tennessee Titans 24-20 in Nashville. Hurts finished the day 26/37 for 264 yards. He threw for two touchdowns and two interceptions. Prior to the final drive, the Eagles ran 25 plays for 45 […]
The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

Published

6 days ago

September 20, 2026

Oakland Post

Prior to the final drive, the Eagles ran 25 plays for 45 yards. During the final drive Hurts went 6-8 with 61 passing yards and the touchdown. Titans defensive tackle — and team captain — Jeffery Simmons said this week that the way to defend Jalen Hurts is to make him “play quarterback.”

Hurts said to Simmons after today’s game: “You started that sh**. I had to finish it.”

Running back Saquon Barkley suffered a stinger in the first half but he ultimately finished the game. He had four carries and nine yards and one catch for eleven yards. He will get an MRI for his injury, but admitted to Cameron Wolfe of the NFL Network he was fine.

Caleb Williams leaves game against Vikings with apparent lower-body injury

Chicago Bears quarterback Caleb Williams was helped off the field with a right leg injury with 7:42 remaining in the fourth quarter. Williams was down, writhing in pain after scrambling to his left. After departing the injury tent, Williams raised his right fist, acknowledging the crowd while expressing his frustration. Testing will commence on Monday to find out more details about his injury.

“We’ll know tomorrow,” Johnson admitted regarding Williams’ injury. “He’s in good spirits. He’s a team player.”

Williams finished the day with 138 passing yards and one interception.

“I’m actually happy it’s nothing with the knee — that was my first inclination,” Johnson said. “But, a hamstring could be pretty damaging as well. So, we’ll see. We’ll see how bad it is tomorrow and we’ll go from there.”

Bryce Young once again dominated the Falcons

Carolina Panthers quarterback Bryce Young is 5-1 against the Atlanta Falcons and is undefeated at Mercedes-Benz Stadium. Today, Young threw for 287 yards and three touchdowns as he led the Panthers to a 34-3 dismembering of the Atlanta Falcons. Georgia Tech alumnus Darren Waller caught two touchdowns and linebacker Devin Lloyd returned one of his two interceptions for a touchdown.

Cooper Rush started his second straight game for the Falcons and it did not go well. The partisan crowd voiced their displeasure after Rush completed 10/17 passes for 86 yards and two interceptions. Jack Strand entered the game for Rush prompting cheers from the Falcons fans. The rookie threw a pick-six on his first career pass attempt. Strand was the first QB to accomplish that feat since Sam Darnold in 2018 and is the first Falcons player to do that since Brett Favre in 1991. Strand finished the day with 59 passing yards and 16 rushing yards.

According to reports, quarterback Michael Penix, Jr. is expected to make his season debut this Thursday at the Green Bay Packers. His return should help the Falcons. They are the first team since the 2008 Rams to not run any plays in the red zone after the first two games to open a season.

The bright spots for the Falcons today were the Spelman College Jaguarettes performing with the Falcons cheerleaders and Florida A&M’s marching band, The Marching 100, also performed during halftime!

Jayden Daniels gets carted off after apparent arm injury

Washington Commanders quarterback Jayden Daniels appeared to injure his left elbow on the final play of the first half in his game against the Dallas Cowboys. During the play, Daniels got stepped on, braced himself for the fall, and his elbow bent the wrong way. Daniels draped a towel over his head as he exited the field on the cart.

He was later ruled out.

Daniels suffered a dislocated elbow to the same arm during week nine of last season against the Washington Commanders, which led to him being shut down for the remainder of the season.

The post NFL: Week Two Recap | Jalen Hurts did not fold; Caleb Williams exits game with injury appeared first on BlackPressUSA.

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The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win

Master the complete vehicle-purchase negotiation framework with Roosevelt Gist and Roosevelt. Learn every stage, tactic, and win!
The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

Published

6 days ago

September 20, 2026

Oakland Post

Negotiation framework stages, tactics, and winning strategies from AutoNetwork

Roosevelt Gist and Roosevelt deliver the complete vehicle-purchase negotiation framework in Episode 8 of The Color of Our Money Is Green. This episode covers the three foundations of every effective negotiation, the full seven-stage negotiation sequence with exact language for every stage, and five of the most common dealership tactics with the specific response each one requires.
What You Learn in This Episode:
The three foundations that make every negotiation tactic work
The complete seven-stage car-buying negotiation sequence
Exact language for every stage of the dealership conversation
Five common dealership tactics — the turnover, the four-square, the packed payment, spot delivery, and forced add-ons — and how to counter each one
Why signing preliminary paperwork isn’t the same as signing the final contract
___________________________________________________________________
“The Color of Our Money Is Green: A Buyer’s Guide to What Cars Actually Cost” — stan.store/RGist
____________________________________________________________________
AutoNetwork helps serious car shoppers inspect any new vehicle online before walking into a dealership. I’m Roosevelt — I’ve been reviewing cars and shaping digital car buying and credit union auto leasing since before YouTube car reviews existed.
You’ll find detailed walkaround reviews, POV test drives, and buyer-focused breakdowns covering comfort, space, features, and real-world value.

How to use the channel:
Watch the walkaround of the car you’re considering
Visit AutoNetwork.com for the full review
Check CouponsOffersAndDeals.com for current dealer specials
Walk in already knowing what you want — and what it should cost

AutoNetwork.com
CouponsOffersAndDeals.com
Affiliate disclosure: some links earn a small commission at no cost to you and help support the channel. Insta360 is one of those partners.

The post The Complete Negotiation Framework — Every Stage, Every Tactic, Every Win appeared first on BlackPressUSA.

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Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts

Stay toasty in the CX-90! Plush Nappa leather, heated/ventilated seats, and a memory-equipped heated steering wheel deliver ultimate luxury.
The post Mazda CX-90 Luxury: Heated Seats & Premium Comfort! #shorts appeared first on BlackPressUSA.

Published

6 days ago

September 20, 2026

Oakland Post

Mazda CX-90 interior with heated seats offering premium comfort.

Experience ultimate comfort in the CX-90. Nappa leather, heated/ventilated seats, 8-way power adjustments, and memory settings for both front passengers. The heated steering wheel with memory tilt/telescope adds premium convenience.

Watch the full video: https://youtu.be/EH5A4eQ4ipY