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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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#NNPA BlackPress

Poll Shows Support for Policies That Help Families Afford Child Care

BLACKPRESSUSA NEWSWIRE — New national polling shows persistent voter concern about the affordability and availability of child care for working parents, alongside broad support across key demographic groups for federal child care policies that help families afford care.

Published

1 day ago

March 2, 2026

Oakland Post

By First Five Years Fund

New national polling shows persistent voter concern about the affordability and availability of child care for working parents, alongside broad support across key demographic groups for federal child care policies that help families afford care.

The national survey was conducted by UpOne Insight on behalf of the First Five Years Fund from January 13–18, 2026.

Key findings include:

• Parents need help: 80% of voters say the ability of working parents to find and afford child care is either in a state of crisis or a major problem.

• This is an affordability issue: 82% believe federal child care funding will help lower costs for working families — including 69% of Republicans, 84% of Independents, and 94% of Democrats.

• And there continues to be strong support (62%) for the Child Care and Development Block Grant (CCDBG), a federal program that makes it possible for hundreds of thousands of families to afford safe, quality care for their children while parents work or go to school, including a majority of Republicans, 63% of Independents and 72% of Democrats.

• Support for funding child care programs remains strong: 75% believe child care funding should be increased or kept at current levels — including 75% of Republicans, 85% of Independents, and 97% of Democrats.

• 74% say funding for child care is an important and good use of tax dollars, including a majority of Republicans, three-quarters of Independents, and nine in ten Democrats.

FFYF Executive Director Sarah Rittling said, “Voters across the country are sending a clear message: federal child care and early learning programs work. These investments help parents stay in the workforce, strengthen families, and support healthy child development. They have also long had strong bipartisan support in Congress. At a time when affordability is top of mind for families, continued federal funding is essential to ensure child care remains accessible and within reach.”

First Five Years Fund works to protect, prioritize, and build bipartisan support for quality child care and early learning programs at the federal level. Reliable, affordable, and high-quality early learning and child care can be transformative, not only enhancing a child’s prospects for a brighter future but also bolstering working parents and fostering economic stability nationwide.

We work with Congress and the Administration to identify federal solutions that work for families with young children, as well as states and communities. We work with policymakers to identify ways to increase access to affordable, high-quality child care and early learning programs for children. And we collaborate with advocacy groups to help align best practices with the best possible policies. http://www.ffyf.org

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Trump’s MAGA Allies are Creating Executive Order Plan to Steal the 2026 Midterms

NNPA NEWSWIRE — The document that could lead to an executive order proposes using the claim that China interfered with the 2020 elections as grounds to “declare a national emergency.” The move would be an unprecedented step that would grant Trump new authority over the voting systems in the U.S.

Published

4 days ago

February 27, 2026

Oakland Post

By Lauren Victoria Burke, NNPA Newswire Correspondent

A group of MAGA pro-Trump activists, who say they are working in coordination with the White House, are circulating a 17-page draft executive order that would claim without evidence that China interfered with the 2020 presidential election. Donald Trump lost the 2020 presidential to President Joe Biden by over 7 million votes. Since Trump lost to Biden in 2020, he has repeatedly claimed that the election was “stolen” without evidence. The report of a group of “Trump allies” preparing an executive order to give Trump power over elections was first reported by The Washington Post.

The lies around the right-wing campaign that pushed falsehoods that the 2020 election was stolen was trafficked through right-wing media, particularly Fox News. Fox News was then sued for defamation for the claims by Dominion Voting Systems. Fox lost the case and had to settle for the largest defamation amount on record of $787.5 million in April 2023.

The document that could lead to an executive order proposes using the claim that China interfered with the 2020 elections as grounds to “declare a national emergency.” The move would be an unprecedented step that would grant Trump new authority over the voting systems in the U.S.

The story in The Washington Post arrives as Trump increasingly signals that he may take actions that would alter the result of the 2026 midterms. The Republicans are widely expected to lose as their approval ratings plummet as a result of a failing economy under Trump. Over 50 members of Congress have announced they will retire this year and not return in 2027.

The Trump Department of Justice, which now has a large image of Trump on the side of it, “sued five new states Thursday [Feb. 26, 2026] demanding access to their unredacted voter rolls — escalating a campaign that has been rejected by multiple federal courts and faces resistance from Republican-led states as well,” according to Democracy Docket, a group that works to protect voting rights.

Trump claimed back in late 2020, the last year of his first term, that he had the authority to issue an executive order related to mail-in voting for the 2020 elections — which he would then lose. But the Constitution states that control of elections lies with the states. As the GOP works to place hurdles in front of voting, Democrats worked to make voting easier.

In March 2021, President Biden signed an executive order calling on federal agencies to expand voting access as part of the Biden Administration’s effort “to promote and defend the right to vote for all Americans who are legally entitled to participate in elections.”

Trump’s focus is clearly on altering the November 2026 midterm elections. Trump’s polling numbers and the elections and special elections that have taken place around the U.S. over the last year clearly indicate that Republicans are about to be hit by a blue wave of Democratic victories.

Lauren Victoria Burke is an independent investigative journalist and the founder of Black Virginia News. She is a political analyst who appears on #RolandMartinUnfiltered and hosts the show LAUREN LIVE on YouTube @LaurenVictoriaBurke. She can be contacted at LBurke007@gmail.com and on twitter at @LVBurke

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PRESS ROOM: NBA Hall of Fame Nominee Terry Cummings Joins 100 Black Men of DeKalb County to Launch Victory & Values Initiative

NNPA NEWSWIRE — NBA Hall of Fame nominee and Basketball Legend Terry Cummings was administered the official member’s oath and ceremonially pinned during a special induction ceremony held on Friday, February 20th.

Published

4 days ago

February 27, 2026

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Cummings becomes an honorary member, joining other role model sports stars

NBA Hall of Fame nominee and Basketball Legend Terry Cummings has officially become an honorary member of the 100 Black Men of DeKalb County, marking a powerful new chapter for the 100 Black Men and youth development across the region.

Cummings was administered the official member’s oath and ceremonially pinned during a special induction ceremony held on Friday, February 20th. The moment signified more than membership — it marked the launch of the organization’s transformative new platform, the Victory & Values Initiative.

The Victory & Values Initiative is a groundbreaking youth development program designed to empower elementary and middle school students through a dynamic blend of sports, mentorship, and STEM exposure. The initiative focuses on building health, discipline, character, leadership, and access to opportunity — creating pathways for long-term academic and personal success.

“This is about more than sports,” said Cummings during the ceremony. “It’s about using the platform of athletics to teach life lessons, create access, and build the next generation of leaders.”

The induction ceremony also featured notable guests including NASCAR’s newest Star Driver, Lavar Scott and NASCAR Director of Athletic Performance, Phil Horton, who joined Cummings for a powerful Victory & Values Town Hall discussion. The Town Hall was moderated by renowned Sports Emcee John Hollins and focused on leadership, resilience, discipline, and the importance of mentorship in shaping young lives.

A “Day at NASCAR” for 75+ Youth

Cummings wasted no time getting to work. On his first full day as an honorary member, he joined his new brothers of the 100 Black Men of DeKalb County to host a “Day at NASCAR,” escorting more than 75 youth to a once-in-a-lifetime experience at EchoPark Motor Speedway (formerly Atlanta Motor Speedway).

The youth participants received behind-the-scenes access including: an exclusive tour of Pit Row, access to the Garage Area and exploration of the interactive Fan Zone.

The experience culminated with a surprise meet-and-greet and Q&A session with NASCAR Superstar Bubba Wallace, who shared insights on perseverance, preparation, and breaking barriers in professional sports.

The day served as a living example of the ‘Victory & Values’ Initiative in action — exposing youth to new industries, expanding their vision for the future, and connecting them directly with high- level mentors and role models.

Building Leaders Through Access and Mentorship

The 100 Black Men of DeKalb County – a chapter of the largest, national mentoring organization in the county – continues to expand its footprint with programs focused on academic excellence, economic empowerment, leadership development, and health & wellness.

The launch of ‘Victory & Values’ represents a strategic expansion of the organization’s impact

intentionally integrating athletics and STEM to engage youth at an early age while reinforcing core principles such as integrity, accountability, teamwork, and perseverance.

“Our mission has always been to mentor the next generation,” said Vaughn Irons, President-Elect of the 100 Black Men of DeKalb County. “With Terry Cummings joining the brotherhood, along with partners in NASCAR and professional sports, we are creating unprecedented access and exposure for our youth. Victory & Values is about turning inspiration into structured opportunity.”

By connecting elementary and middle school students to professional athletes, executives, STEM professionals, and community leaders, the initiative aims to:

Increase youth exposure to careers in sports business, engineering, and performance science
Strengthen mentorship pipelines
Promote physical wellness and mental resilience
Build character-driven leadership at an early age

Open Invitation to Youth and Families

All youth are invited to participate in the Victory & Values Initiative, along with the other countless, impactful programs offered by the 100 Black Men of DeKalb County.

Parents and guardians seeking mentorship, leadership development, academic enrichment, and transformative exposure opportunities for their children are encouraged to connect with the organization.

As NBA Legend Terry Cummings’ induction demonstrates, Victory & Values is more than a program — it is a movement designed to build champions in life, not just in sports.

For more information about the Victory & Values Initiative or to enroll a student, contact: 100 Black Men of DeKalb County at Phone at 404.241.1338, info@100bmod.org or Tee Foxx at 404.791.6525,