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

e-scooter e-bike downtown seattle minneapolis lime takeover...

John Curley Show

‘The price of a burrito’: KIRO hosts say Seattle’s meager fine won’t stop Lime takeovers as another planned for Saturday

A third Lime scooter takeover is planned for Saturday night in Seattle, with hundreds of riders expected to meet near the Pioneer Square Pergola.

9 hours ago

Phoebe Gates...

John Curley Show

‘She’s the daughter of Bill Gates’: KIRO hosts say wealth and power are shielding Phoebe Gates from scrutiny

But what frustrated the KIRO fill-in hosts wasn't just Phoebe Gates' alleged fraud. It was how little attention it's getting.

14 hours ago

seattle traffic...

John Curley Show

‘Too many people are dying’: Seattle Councilmember Rob Saka lays out his proposed safer streets plan

Seattle City Councilmember Rob Saka joined "The John Curley Show" on KIRO Newsradio to lay out his proposed Seattle SAFER Streets Act.

2 days ago

boeing netflix documentary...

John Curley Show

‘You failed if you weren’t safe’: KIRO hosts weigh in on Netflix doc alleging Boeing bypassed inspections

KIRO hosts analyze the Netflix documentary on Boeing's alleged inspection bypassing and its impact on safety culture.

2 days ago

starbucks (4)...

John Curley Show

‘Your average ‘I’m in a job that I don’t like’ complaints’: KIRO host skeptical of Starbucks barista walkouts

Starbucks baristas walked off the job at multiple stores over the weekend, including one near the company's new Nashville headquarters.

2 days ago

goats...

John Curley Show

‘Why would they get on a bus?’ KIRO host skeptical of Portland’s viral bus-riding goats

Two goats who boarded a Portland bus have become a viral sensation, and KIRO fill-in hosts Angela Poe Russell and Jim Dever had plenty to say.

3 days ago

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