Obama: Banning Bums from Sleeping in Parks is Unconstitutional
Meanwhile he can't find Freedom of Religion anywhere in the First Amendment
August 15, 2015
Are you tried of crackheads camping out in the park? Not fond of having to step over winos in your store's doorway or on the front steps of your building? Too bad, it's in the Constitution. (Don't ask where.)
"Boise, like many cities — the number of which has swelled since the recession — has an ordinance banning sleeping or camping in public places. But such laws, the DOJ says, effectively criminalize homelessness itself in situations where people simply have nowhere else to sleep. From the DOJ's filing:
When adequate shelter space exists, individuals have a choice about whether or not to sleep in public. However, when adequate shelter space does not exist, there is no meaningful distinction between the status of being homeless and the conduct of sleeping in public. Sleeping is a life-sustaining activity — i.e., it must occur at some time in some place. If a person literally has nowhere else to go, then enforcement of the anti-camping ordinance against that person criminalizes her for being homeless.
Such laws, the DOJ argues, violate the Eighth Amendment protections against cruel and unusual punishment, making them unconstitutional."
This is like the sort of argument some social justice warrior would make on Tumblr before admitting he's not a lawyer. Except that this nonsense is coming out of the DOJ.
By the way this argument applies equally well to public urination and defecation. And a bunch of lefty cities, including New York City have moved to legalize them. Also to shoplifting food. After all eating is a life-sustaining activity. And there are other life-sustaining activities.
The DOJ can use this argument to defend homeless crackheads when they rape and steal. And probably will.
Loretta Lynch and Barack Obama have discovered a Constitutional right to homeless shelters, free food and just about anything else. Meanwhile they can't find Freedom of Religion anywhere in the First Amendment.
So nuns have to fund abortions. But you can't banish a bum from a park bench.
http://www.frontpagemag.com/point/259799/obama-banning-bums-sleeping-parks-unconstitutional-daniel-greenfield