July 2019 - Parks & Recreation - 29

means to live out the universal and unavoidable consequences of being human. " Accordingly, in considering the constitutionality of an anti-camping ordinance, a federal court
would necessarily examine what viable alternatives existed,
if any, to satisfy the basic human need for shelter by homeless individuals who might otherwise have no other option
but to resort to " camping " in public parks and places.

Sleeping Ban in
Public Places
In the case of Martin v. City of Boise, 902 F.3d 1031,
2018 U.S. App. LEXIS 25032 (9th Cir. 4/1/2019), the
issue before the United States Court of Appeals for the
9th Circuit was " whether the Eighth Amendment's
prohibition on cruel and unusual punishment bars a
city from prosecuting people criminally for sleeping
outside on public property when those people have no
home or other shelter to go to. "
The plaintiffs were six current or former residents of the
city of Boise ( " the City " ) who are homeless or have recently been homeless. These homeless individuals had lived in
or around Boise since 2007. Between 2007 and 2009, each
plaintiff alleged he or she was cited by Boise police for violating one or both of two city ordinances: the " Camping
Ordinance " and the " Disorderly Conduct Ordinance. "
With one exception, all plaintiffs were sentenced to time
served for all convictions; on two occasions, one plaintiff
was sentenced to one additional day in jail.
The Camping Ordinance, Boise City Code § 9-10-02,
made it a misdemeanor to use " any of the streets, sidewalks, parks, or public places as a camping place at any
time. " The Camping Ordinance defined " camping " as
" the use of public property as a temporary or permanent place of dwelling, lodging, or residence. "
The Disorderly Conduct Ordinance, Boise City Code
§ 6-01-05, prohibited " occupying, lodging, or sleeping
in any building, structure, or public place, whether public or private without the permission of the owner or
person entitled to possession or in control thereof. "

dividuals counted in Ada County, 125 of whom were
unsheltered. This reported data likely underestimated the number of homeless since the count reflected
a one-night point in time. Moreover, many homeless
individuals may have access to temporary housing on
a given night. In addition, weather conditions may affect the number of available volunteers and the number
of homeless people staying at shelters or accessing services on the night of the count.
In the city of Boise, three homeless shelters run by private, nonprofit organizations were the only shelters in Ada
County offering emergency shelter services. One shelter,
( " Sanctuary " ) operated by a religious organization, did
not impose any religious requirements on its residents
and was open to men, women and children of all faiths.
Because of its limited capacity, Sanctuary frequently has
to turn away homeless people seeking shelter.
In 2010, Sanctuary reached full capacity in the men's
area " at least half of every month, " and the women's area
reached capacity " almost every night of the week. " In
2014, the shelter reported that it was full for men, wom-

Homeless Population Shelter
Boise has had a significant and increasing homeless
population. According to a January 2014 count taken
by the Idaho Housing and Finance Association, there
were 753 homeless individuals in Ada County where
Boise is the county seat; 46 of the reported homeless
were " unsheltered, " or living in places unsuited for human habitation, such as parks or sidewalks. In 2016,
reported data indicated there were 867 homeless inW W W. PA R K S A N D R E C R E AT I O N . O R G | J U LY 2 0 1 9 |

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July 2019 - Parks & Recreation

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