JOHN CURLEY

Will 9th circuit court decision allowing sleeping on streets backfire?

Sep 6, 2018, 5:34 AM

9th circuit court...

A person sleeps under a blanket on the grass at Denny Park in Seattle Monday, May 7, 2018. (AP Photo/Ted S. Warren)

(AP Photo/Ted S. Warren)

The 9th Circuit Court recently decided that cities can’t prosecute people for sleeping on the streets if they have nowhere else to go, citing cruel and unusual punishment. It’s a ruling that could have ripple effects on how cities manage shelters and public spaces.

“This opens the doors for all cities across the United States, and primarily here on the West Coast, where we coddle the homeless,” said KIRO Radio’s John Curley. “They will have no additional force to keep the parks clean, to keep the streets clear, and they won’t be able to do anything about it.”

RELATED: Does saving The Showbox hurt needed housing in Seattle?

The case was originally brought in 2009 when six homeless people from Boise sued the city over a local ordinance that banned sleeping in public spaces. In reaching the decision, it was believed that Boise was criminalizing the very act of being homeless, which the court found unconstitutional.

“The 9th circuit cuts the legs out from underneath the police and the city to uphold public civil rules,” Curley said. “The sign says no sleeping in the park after dusk. Well now we’re not allowed to enforce that law against the homeless people sleeping there.”

Cities may respond by creating additional shelter beds

While Boise city attorneys are considering their next move, cities like Boise may respond to the decision by creating additional shelter beds and widening the standards for accepting the homeless.

“The solution to this is to build more shelter beds,” said co-host Tom Tangey. “You think if we build more shelter beds, that’s going to be so attractive that people are going to flock from around the country to come here — I think that’s a bit much.”

“Maybe if every city builds all these beds, the fact that there’s a bed won’t matter.”

For Curley, the decision fails to focus on the root causes of homeless, and enables behavior instead of solving it.

“Here’s the difference, Tom. You don’t have to change your behavior. You can continue to drink, you can continue to do drugs, and you can continue to prostitute yourself,” Curley said.

“Until you break those chains of addiction, the person will continue to cycle this life until they eventually die at an early age.”

John Curley on KIRO Newsradio 97.3 FM
  • listen to tom and curleyTune in to KIRO Newsradio weekdays at 3pm for The John Curley Show.

John Curley

John Curley

WA Supreme Court candidate Sean O’Donnell...

John Curley Show

‘Judges are a check on power’: WA Supreme Court candidate Sean O’Donnell warns against politicizing judicial races

King County Superior Court Judge Sean O’Donnell said a late flood of outside spending against him threatens public trust in Washington’s courts.

4 hours ago

King County Council candidate Nick Duda...

John Curley Show

‘Deeply undemocratic’: King County Council candidate says opponent canceled their only scheduled debate

King County Council candidate Nick Duda said voters lost their chance to see him debate incumbent Teresa Mosqueda after she canceled the event.

23 hours ago

Sheriff candidate Golden...

John Curley Show

‘Is he drinking while he’s doing this?’: Curley reacts to sheriff candidate’s video explaining his arrest

Some candidates run on public safety. Jason Golden is running on getting arrested for public intoxication.

1 day ago

‘I think, I think it’s actually collusion on the part of judges’: Stevens takes aim at Washin...

John Curley Show

‘It’s actually collusion’: WA Supreme Court candidate David Stevens takes aim at fellow judges

Washington Supreme Court candidate Judge David Stevens highlighted a lack of transparency about how judges shield one another.

2 days ago

WA income tax...

John Curley Show

‘I’m not a millionaire. I’m a firefighter’: Fire chief says WA income tax removed first responders’ pension protections

A fire chief said he feels betrayed after learning WA's new income tax removed a protection that shielded first responders’ retirement benefits.

3 days ago

brandi kruse...

John Curley Show

‘Look at all the moments in history’: Brandi Kruse defends XX-XY protest that got her kicked out of Thorns match

Brandi Kruse, a former reporter who now hosts the unDivided podcast, spoke with John Curley days after Thorns security removed her from Providence Park.

3 days ago

Will 9th circuit court decision allowing sleeping on streets backfire?