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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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LIHEAP Funds Released After Weeks of Delay as States and the District Rush to Protect Households from the Cold

BLACKPRESSUSA NEWSWIRE — The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding.

Published

1 week ago

December 1, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

The federal government has released $3.6 billion in home heating assistance after a delay that left states preparing for the start of winter without the program’s annual funding. The Low-Income Home Energy Assistance Program, known as LIHEAP, helps eligible households pay heating and cooling bills. The release follows a shutdown that stretched 43 days and pushed agencies across the country to warn families of possible disruptions.

State officials in Minnesota, Kansas, New York, and Pennsylvania had already issued alerts that the delay could slow the processing of applications or force families to wait until December for help. In Pennsylvania, more than 300,000 households depend on the program each year. Minnesota officials noted that older adults, young children, and people with disabilities face the highest risk as temperatures fall.

The delay also raised concerns among advocates who track household debt tied to rising utility costs. National Energy Assistance Directors Association Executive Director Mark Wolfe said the funds were “essential and long overdue” and added that high arrearages and increased energy prices have strained families seeking help.

Some states faced additional pressure when other services were affected by the shutdown. According to data reviewed by national energy advocates, roughly 68 percent of LIHEAP households also receive nutrition assistance, and the freeze in multiple programs increased the financial burden on low-income residents. Wolfe said families were placed in “an even more precarious situation than usual” as the shutdown stretched into November.

In Maryland, lawmakers urged the Trump administration to release funds after the state recorded its first cold-related death of the season. The Maryland Department of Health reported that a man in his 30s was found outdoors in Frederick County when temperatures dropped. Last winter, the state documented 75 cold-related deaths, the highest number in five years. Rep Kweisi Mfume joined more than 100 House members calling for immediate federal action and said LIHEAP “is not a luxury” for the 100,000 Maryland households that rely on it. He added that seniors and veterans would be placed at risk if the program remained stalled.

Maryland Gov. Wes Moore used $10.1 million in state funds to keep benefits moving, but noted that states cannot routinely replace federal dollars. His administration said families that rely on medical equipment requiring electricity are particularly vulnerable.

The District of Columbia has already mapped out its FY26 LIHEAP structure in documents filed with the federal government. The District’s plan shows that heating assistance, cooling assistance, weatherization, and year-round crisis assistance operate from October 1 through September 30. The District allocates 50 percent of its LIHEAP funds to heating assistance, 10 percent to cooling, 13 percent to year-round crisis assistance, 15 percent to weatherization, and 10 percent to administrative costs. Two percent is used for services that help residents reduce energy needs, including education on reading utility bills and identifying energy waste.

The District’s plan lists a minimum LIHEAP benefit of $200 and a maximum of $1,800 for both heating and cooling assistance. Crisis benefits are provided separately and may reach up to $500 when needed to resolve an emergency. The plan states that a household is considered in crisis if it has been disconnected from energy service, if heating oil is at 5 percent or less of capacity, or if the household has at least $200 owed after the regular benefit is applied.

The District’s filing notes that LIHEAP staff conduct outreach through community meetings, senior housing sites, Advisory Neighborhood Commissions, social media, posters, and mass mailings. The plan confirms that LIHEAP applicants can apply in person, by mail, by email, or through a mobile-friendly online application and that physically disabled residents may request in-home visits.

As agencies nationwide begin distributing the newly released funds, states continue working through large volumes of applications. Wolfe said LIHEAP administrators “have been notified that the award letters have gone out and the states can begin to draw down the funds.”

Stacy M. Brown

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Seven Steps to Help Your Child Build Meaningful Connections

BLACKPRESSUSA NEWSWIRE — Swinging side by side with a friend on the playground. Sharing chalk over bright, colorful sidewalk drawings. Hiding behind a tree during a spirited game of hide-and-seek. These simple moments between children may seem small, but they matter more than we think

Published

1 week ago

December 1, 2025

Oakland Post

By Niyoka McCoy, Ed.D., Chief Learning Officer, Stride/K12

Swinging side by side with a friend on the playground. Sharing chalk over bright, colorful sidewalk drawings. Hiding behind a tree during a spirited game of hide-and-seek. These simple moments between children may seem small, but they matter more than we think: They lay the foundation for some of life’s most important skills.

Through everyday play, young children begin learning essential social and emotional skills like sharing, resolving conflicts, showing empathy, and managing their emotions. These social skills help shape emotional growth and set kids up for long-term success. Socialization in early childhood isn’t just a “nice-to-have”—it’s essential for development.

Yet today, many young children who haven’t yet started school aren’t getting enough consistent, meaningful interaction with peers. Research shows that there’s a decline in active free play and peer socialization when compared to previous generations.

There are many reasons for this. Children who are home with a parent during the day may spend most of their time with adults, limiting opportunities for peer play. Those in daycare or preschool may have restricted free play, and large classrooms can reduce supervision and social coaching. Some children live in rural areas, are homebound due to illness, have full schedules, or rely on screens to fill their playtime. And for some families, finding other families with young children to connect with isn’t easy.

While these challenges can feel significant, opportunities for connection still exist in every community. Families can take simple steps to help children build friendships, create a sense of belonging, and strengthen social skills. Here are some ideas to get started:

Storytime sessions at libraries or local bookstores
Community offerings such as parent-child workshops, art, music, gymnastics, swimming, or sports programs
Weekly events at children’s museums, which may include art projects, music workshops, or science experiments
Outdoor exploration, where kids can play with peers
Local parenting groups that organize playdates and group activities
Volunteer opportunities where children can participate, such as pet adoption events or packing meals at a food bank
Classes for kids at local businesses, including hardware, grocery, or craft stores

Some of these community activities are free or low-cost and give kids the chance to build friendships and practice social skills. Parents can also model positive social behavior by interacting with other parents and encouraging their children to play with their peers.

These may seem like small moments of connection, but they can have a powerful impact. Every time your child shares a toy, plays make-believe with peers, or races a friend down the slide, they’re not just playing—they’re learning the skills that build confidence, empathy, and lasting friendships. And it’s good for you, too. Creating intentional opportunities for play also helps you strengthen your own network of parents who can support one another as your children grow together.

Oakland Post

Posts by Oakland Post

#NNPA BlackPress

Seven Steps to Help Your Child Build Meaningful Connections

Published

1 week ago

December 1, 2025

Oakland Post

By Niyoka McCoy, Ed.D., Chief Learning Officer, Stride/K12

Storytime sessions at libraries or local bookstores
Community offerings such as parent-child workshops, art, music, gymnastics, swimming, or sports programs
Weekly events at children’s museums, which may include art projects, music workshops, or science experiments
Outdoor exploration, where kids can play with peers
Local parenting groups that organize playdates and group activities
Volunteer opportunities where children can participate, such as pet adoption events or packing meals at a food bank
Classes for kids at local businesses, including hardware, grocery, or craft stores