Homeless Banishment Ordinances

Frank Garcia

University of Phoenix

Com 215 –Essentials of College Writing

Homeless Banishment Ordinances The homeless have been affected by local ordinances restricting them in certain public places. Restrictions that the homeless people have to contend with are from banishment from local parks, street, and alleys. They have even been fined and jailed under these various types of banishments ordinances. Have their constitutional rights been violated? City ordinances are being created to run the homeless individuals out of the city limits, and to move the problem to other cities or jurisdictions. The complaints are being forged by citizens, merchants, and law enforcement agencies that deal directly with the homeless. Cities like Palo Alto, and Seattle have passed sit-and-lie ordinances. In addition, they have also passed statutes prohibiting soliciting, panhandling, consumption of alcohol in public places. These statutes are directly intended for the homeless, and city officials continue to target the homeless. The homeless do not have the funds to pay for fines imposed by local courts; this type of practice only reconfirms those cities continually trying to make it difficult for the homeless. The ordinance opponents are from the civil rights groups, church groups, and the homeless that have continuingly oppose new ordnances for the sake of bettering city images and business sales. Since the sit-and-lie ordinances have been upheld in federal court in 1994, city councils around the country have passed similar controversial ordinances. The American Civil Liberties Union appealed to the U.S. Circuit Court of Appeals and lost on a 2 to 1 decision in 1996. Although, Judge Harry Pregerson feels that the ordinance was unconstitutional in an attempt to protect business sales. Banning