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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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Study: Waiting Lists for Child Care Assistance Nearly Doubled

BLACKPRESS USA NEWSWIRE — “Since the expiration of tens of billions of dollars in federal child care funding in 2023 and 2024, an already fragile child care system has been pushed even closer to the brink.”
The post Study: Waiting Lists for Child Care Assistance Nearly Doubled appeared first on BlackPressUSA.

Published

5 days ago

June 8, 2026

Oakland Post

By National Women’s Law Center

The National Women’s Law Center released its annual State Child Care Assistance Policies report, finding that the number of children placed on waiting lists for federally funded child care assistance nearly doubled between 2024 and 2025 — and that number has only continued to grow.

The report serves as a key resource for state lawmakers, advocates, and policymakers by tracking state child care assistance policies and identifying where states are strengthening support for families and early educators — or falling behind.

“This deeply troubling increase in the number of children on child care waiting lists is the result of a failure to invest in this crucial sector,” said Karen Schulman, senior director of state child care policy and author of the report. “Since the expiration of tens of billions of dollars in federal child care funding in 2023 and 2024, an already fragile child care system has been pushed even closer to the brink.”

Key findings in the report related to waiting lists for child care assistance include:

• 17 states had waiting lists or a freeze on intake for child care assistance in February 2025, up from 13 states in February 2024.

• Approximately 106,700 children nationwide were added to waiting lists between February 2024 and February 2025, bringing the total to 225,500 children in February 2025 — a 90 percent increase compared to February 2024.

• The numbers climbed even further between February 2025 and summer/fall 2025, with more than 175,000 additional children added to state waiting lists in just a few months — a 78 percent increase.

• At least seven states newly began placing families on waiting lists or freezing intake, while at least 10 additional states saw their waiting lists grow, after February 2025.

The report also includes state-by-state data on key child care assistance policies, including income eligibility limits, parent copayments, provider payment rates, and eligibility policies for parents searching for work.

Click the link to learn more: Warning Signs: State Child Care Assistance Policies 2025.

The post Study: Waiting Lists for Child Care Assistance Nearly Doubled appeared first on BlackPressUSA.

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Venus Williams Calls a Sabalenka Exit a Tragedy

ROLLING OUT — Crucially, Williams did not read the comment as a real farewell. She said she did not believe Sabalenka truly wanted to leave, calling such an outcome a loss for both the player and the sport.
The post Venus Williams Calls a Sabalenka Exit a Tragedy appeared first on BlackPressUSA.

Published

6 days ago

June 7, 2026

Oakland Post

The seven-time major champion read frustration, not a real goodbye, in the world No. 1’s words

By David Kesiena | Rolling Out

When the world’s top-ranked player said she wanted to walk away from the sport, Venus Williams chose empathy over alarm.

Aryna Sabalenka’s blunt remark after her French Open quarterfinal collapse rattled plenty of fans, but Williams heard something different in it. The seven-time Grand Slam champion treated the comment as the raw reaction of a hurting athlete rather than a serious signal about her future.

The collapse that triggered the comment

Sabalenka looked headed for a routine win over Diana Shnaider. She took the opening set 6-3 and built a commanding lead in the second, climbing to 4-1 and later serving for the match at 5-4 while sitting just two points from victory.

Then everything unraveled. Shnaider stormed back to steal the second set 7-5 and bageled the world No. 1 in the third, with Sabalenka dropping 12 of the final 13 games in gusty conditions that reached around 26 mph. The 3-6, 7-5, 6-0 result sent Shnaider into her first Grand Slam semifinal and extended Sabalenka’s long wait for a maiden Roland Garros title.

In the aftermath, Sabalenka did not soften her feelings. She told reporters she had no thoughts and no emotions left and felt like quitting on the spot. She described being stuck in a deep, dark mental hole during the match, unable to find her way back.

What Venus Williams said about Sabalenka

Williams reacted with understanding. She admitted the moment made her sad and said she had been swept up in Sabalenka’s emotions, feeling a surge of empathy for her. She praised the Belarusian for laying everything bare on court, where every feeling shows.

Crucially, Williams did not read the comment as a real farewell. She said she did not believe Sabalenka truly wanted to leave, calling such an outcome a loss for both the player and the sport. Rather than scold her, Williams offered a gentle observation about the rhythm of professional tennis. She suggested players might benefit from a little more time to gather themselves before stepping in front of the cameras, a quiet acknowledgment that athletes are routinely asked to dissect painful defeats before the sting has faded.

Sabalenka walks it back

The story did not end on that bleak note. Within days, Sabalenka signaled she was not actually quitting, framing the press-conference outburst as heat-of-the-moment honesty rather than a plan. At the time of the loss she had also left the door open, saying she would see how she felt in a few days and hoped to get back on track mentally. The walk-back lined up with how Williams had read the situation from the start.

It is not the first time a Paris quarterfinal has pushed Sabalenka to her limit. In 2024 she exited at the same stage and skipped her press conference entirely because of illness, with the tour later releasing her quotes on her behalf. The pattern underscores how heavily this particular tournament has weighed on her despite deep runs in recent years.

For now, attention shifts to the grass. Wimbledon offers Sabalenka a quick chance to reset, and a strong showing there would turn this French Open meltdown into a footnote rather than a turning point.

Originally published by Rolling Out — https://rollingout.com.

The post Venus Williams Calls a Sabalenka Exit a Tragedy appeared first on BlackPressUSA.

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COMMENTARY: Using Art, Healing, And Community to Transform Mental Health Dialogue

THE CAROLINIAN — Operating at the intersection of the arts and mental health, Darkness RISING uses music, storytelling, wellness programming, and community engagement to inspire healing while addressing barriers that have historically prevented many Black Americans from accessing mental health support.
The post COMMENTARY: Using Art, Healing, And Community to Transform Mental Health Dialogue appeared first on BlackPressUSA.

Published

6 days ago

June 7, 2026

Oakland Post

By Judaea Ingram | Special to The Carolinian

RALEIGH, N.C. – Music filled the air as families danced through the crowd, children gathered around activity stations, and community members explored wellness resources from local organizations. Black-owned businesses lined the streets while people stopped for chair massages, conversations, and moments of connection inside the wellness suite.

At the center of the event stood a simple but powerful reminder:

“You Matter.”

For Darkness RISING, those words represent far more than a slogan. They reflect the organization’s mission to break the stigma surrounding mental health in the Black community while creating spaces centered on healing, honesty, and hope.

Operating at the intersection of the arts and mental health, Darkness RISING uses music, storytelling, wellness programming, and community engagement to inspire healing while addressing barriers that have historically prevented many Black Americans from accessing mental health support.

The organization hosts a variety of programs and events throughout the year, including block parties, wellness workshops, mixers, kickoff events, community classes, and Darkness RISING: Live — a free annual arts and wellness festival now celebrating its ninth year.

The festival combines entertainment with healing-centered resources, featuring live music, dancing, singing, food trucks, Black vendors, children’s activities, mental health resources, wellness spaces, and opportunities for open conversations about mental health.

While the events may feel celebratory on the surface, organizers say the deeper purpose is creating safe spaces where people can feel comfortable discussing mental health without fear of judgment.

Darkness RISING also provides free nationwide resources, including a Black Mental Health Resource Packet, a Black Mental Health Provider Database, and its “Find Me a Therapist” initiative, which helps connect individuals with culturally competent care.

The organization’s work is rooted in addressing longstanding inequities that continue impacting mental health access within Black communities.

Historically, segregation, redlining, racial discrimination, incarceration, poverty, and unequal healthcare access have contributed to higher rates of behavioral health challenges while simultaneously limiting access to proper treatment and support. Darkness RISING approaches those issues through what organizers describe as a transformative justice lens, focusing on healing rather than punishment and creating equitable wellness opportunities for marginalized communities.

Its REBUILD program specifically supports justice-involved and formerly incarcerated people of color through free therapy and wellness support, while the REBUILD Youth program focuses on young people impacted by Adverse Childhood Experiences, also known as ACEs.

For Rudolph, therapy became life-changing after decades of incarceration and years of rejection after returning home.

“Came home in 2015, started my own computer company, investing in real estate, did the normal thing and got some jobs here and there and was met with rejection after rejection and people telling me I am not a good person,” Rudolph shared. “Even had a rejection in church.”

He said one of the hardest battles became overcoming the mental barriers created during incarceration.

“I got in touch with a couple of friends, and they explained to me how I had to get over the mental hurdles and get rid of the way my prison mindset was in order to survive and become successful,” he said.

Rudolph later moved to North Carolina hoping for a fresh start, but the struggle continued.

“Things were looking bad,” he said. “Could not get a job. The struggle was real.”

Eventually, therapy and support through organizations like Darkness RISING helped begin his healing process. He said working alongside other justice-involved men through therapy gave him the ability to rebuild mentally while finding community with people who understood his experiences.

Stories like Rudolph’s reflect the foundation behind Darkness RISING’s mission: ensuring people feel seen, supported, and worthy of healing regardless of their background or circumstances.

Community members who attend the organization’s events often describe them as emotionally transformative.

Some participants say Darkness RISING encouraged them to seek therapy for the first time, while others say the organization gave them a safe space to openly discuss struggles they previously kept hidden.

“I have been encouraged by the beautiful, generous, brave and open individuals who come together and use their talents to create art, share personal experiences and provide hope to those who may be struggling with mental health,” one participant shared.

By combining art, wellness, education, and community outreach, Darkness RISING continues changing how mental health conversations happen within the Black community.

Not through silence.

But through healing, honesty, connection, and joy.

Originally published by The Carolinian — https://caro.news.

The post COMMENTARY: Using Art, Healing, And Community to Transform Mental Health Dialogue appeared first on BlackPressUSA.