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Supreme Court Won’t Reinstate Ban on Homeless Sleeping in Public

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  • Last year, the 9th Circuit Court of Appeals struck down laws in Boise, Idaho that prohibited people from sleeping and camping in public places if no other shelter is available. 
  • Boise lawyers appealed the ruling, arguing that it does more harm than good, but the Supreme Court said on Monday that it will not hear the case.
  • Lawyers for Boise and multiple other groups claim that not being able to regulate homeless encampments brings more threats to people on the streets and other community members.  
  • Homeless activists consider the ruling a win, arguing that criminalizing homeless encampments does nothing to help the larger problem.

Supreme Court Denies Appeal

The Supreme Court refused to hear an appeal on Monday in a case that would make it illegal for homeless people to sleep on sidewalks and in public parks if no other shelter is available. 

The case, Boise vs. Martin, began a decade ago when six people in Boise, Idaho, were fined between $25-$75 for violating an ordinance against sleeping outside. The group challenged a couple of local laws that prohibited camping and sleeping in public places, and the 9th Circuit Court of Appeals struck down the laws on the grounds that they were a form of cruel and unusual punishment—a violation of the Eighth Amendment.

The Supreme Court just turned down a petition from Boise, Idaho, to reinstate those laws. 

Nine states, including California, where homelessness prevails in cities like Los Angeles and San Francisco, are affected by the 9th Circuit Court’s ruling. 

Those in Favor of Criminalizing Public Encampments 

Lawyers for the city of Boise argued that the decision to abolish the laws hurts more than it helps, as homeless encampments are riddled with crime, violence, disease, and hazards that threaten both those on the streets and the general public. They claim that striking down laws that criminalize public camping and sleeping makes it harder to regulate these areas. 

“The creation of a de facto constitutional right to live on sidewalks and in parks will cripple the ability of more than 1,600 municipalities in the Ninth Circuit to maintain the health and safety of their communities,” their petition said. 

The petition drew wide support in the form of about 20 briefs from counties, cities, and business groups. One came from a coalition of 33 California counties and cities. 

They said that “no one doubts the severity of the nation’s homelessness crisis or the need for more housing and support,” but argued that they have other temporary solutions and that the lower court ruling derails this work.

Those Against Criminalizing Public Encampments 

Lawyers for the homeless people in the case believe that the 9th Circuit Court’s ruling—and the Supreme Court’s move to let it stand—were steps in the right direction. They argue that legal measures that outlaw public sleeping and camping are not feasible. 

“Sleeping outside is a biological necessity for those who cannot obtain shelter,” they said in court documents. “And a city that criminalizes both sleeping on private property and public property when no alternative shelter is available leaves a homeless individual who cannot obtain shelter with no capacity to comply with the law.”

Other homeless advocates agree, arguing that giving homeless people tickets does not contribute to the larger issue. 

“Paying lawyers six figures to write briefs is not really going to build any more housing,” Howard Belodoff, a Boise civil rights attorney, told NPR.

See what others are saying: (The Washington Post) (The New York Times) (USA Today)

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Derek Chauvin and 3 Others Ex-Officers Indicted on Civil Rights Charges Over George Floyd’s Death

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  • The Justice Department filed federal criminal charges Friday against Derek Chauvin and three other former Minneapolis police officers after a grand jury indicted them for violating the civil rights of George Floyd.
  • The indictment charges Chauvin, J. Alexander Kueng, and Tou Thao for violating Floyd’s right to be free from unreasonable seizure and unreasonable force. All three, as well as Thomas Lane, were also charged with failing to provide medical care to Floyd. 
  • Chauvin was additionally hit with two counts in a separate indictment, which claims he violated the civil rights of a 14-year-old boy who he allegedly held by the neck and repeatedly beat with a flashlight during a 2017 arrest.
  • Chauvin was already convicted last month of murder and manslaughter over Floyd’s death, which Kueng, Lane, and Thao were previously charged for allegedly aiding and abetting.

Former Minneapolis Officers Hit With Federal Charges

A federal grand jury indicted Derek Chauvin and three other former Minneapolis police officers for violating George Floyd’s civil rights during the arrest that lead to his death last summer, the Justice Department announced Friday.

Chauvin, specifically, was charged with violating Floyd’s right to be free from unreasonable seizure and unreasonable force by a police officer. Ex-officers J. Alexander Kueng and Tou Thao were indicted for willfully failing to intervene in Chauvin’s unreasonable use of force.

All three men, as well as former officer Thomas Lane, face charges for failing to provide medical care to Floyd, “thereby acting with deliberate indifference to a substantial risk of harm to Floyd,” according to the indictment.

In a second, separate indictment, Chauvin was hit with two counts of civil rights violations related to the arrest of a 14-year-old boy in September 2017. During that incident, Chauvin allegedly held the boy by the neck and hit him with a flashlight repeatedly.

The announcement, which follows a months-long investigation by the Justice Department’s Civil Rights Division, comes just over two weeks after Chauvin was found guilty of three state charges of murder and manslaughter in Floyd’s death.

He is currently awaiting his June 25 sentencing in a maximum-security prison.

State-Level Charges

Kueng, Lane, and Thao all face state charges of aiding and abetting second-degree murder and manslaughter.

Kueng and Lane were the first officers to responded to a call from a convenience store employee who claimed that Floyd used a counterfeit $20 bill. Body camera footage showed Floyd sitting in the car and Lane drawing his gun as the officers ordered him out and handcuffed him. 

Floyd can be heard pleading with the officers not to shoot him.

Shortly after, Chauvin and Thao arrived, and the footage shows Chauvin joining the other officers in their attempt to put Floyd into the back of a police car. In the struggle, the officers forced Floyd to the ground, with Chauvin kneeling on his neck while Kueng and Lane held his back and legs. 

Meanwhile, in cellphone footage taken at the scene, Thao can be seen ordering bystanders to stay away, and later preventing a Minneapolis firefighter from giving Floyd medical aid.

Their trial is set to begin in late August, and all three are free on bond. The new federal charges, however, will likely be more difficult to prove.

According to legal experts, prosecutors will have to show beyond reasonable doubt that the officers knew that they were depriving Floyd of his constitutional rights but continued to do so anyway.

The high legal standard is also hard to establish, as officers can easily claim they acted out of fear or even poor judgment.

See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)

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Caitlyn Jenner Says Her Friends Are Fleeing California Because of the Homeless Population

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  • California gubernatorial candidate Caitlyn Jenner sparked outrage after an interview with Sean Hannity on Wednesday that was filmed from her Malibu airplane hangar. 
  • “My friends are leaving California,” she said. “My hangar, the guy right across, he was packing up his hangar and I said, ‘Where are you going?’ And he says, ‘I’m moving to Sedona, Arizona. I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
  • Many criticized Jenner for sounding out of touch and unsympathetic to real issues in California and suggested that she prioritize helping the homeless population rather than incredibly wealthy state residents.

Caitlyn Jenner’s Remarks

California gubernatorial candidate Caitlyn Jenner sparked outrage on Wednesday after suggesting that wealthy people are fleeing the state because of its homeless population.

Jenner sat down for an interview in her Malibu airplane hangar with Fox News’ Sean Hannity. Jenner is one of the handful of Republicans aiming to unseat current Governor Gavin Newsom in a recall election in the fall. While polls show that most Californians do not support recalling Newsom, the conservative-led movement to do so gained enough signatures to land on the ballot.

“My friends are leaving California,” Jenner claimed during the interview. “My hangar, the guy right across, he was packing up his hangar and I said, ‘where are you going?’ And he says, ‘I’m moving to Sedona, Arizona, I can’t take it anymore. I can’t walk down the streets and see the homeless.’” 

“I don’t want to leave,” she continued. “Either I stay and fight, or I get out of here.”

Jenner’s Remarks Prompt Backlash

Her remarks were criticized online by people who thought Jenner sounded unsympathetic and out of touch to the real issues in the state. Many found it hypocritical that Jenner has slammed Newsom for being elite but was so concerned for wealthy people who don’t like having to see unhoused residents on the street.

Rep. Ted Lieu (D-Ca.) called Jenner out on Twitter for seemingly fighting for a small percentage of Californians. 

Unlike you, Dems are focused on the 99% of people who don’t own planes or hangars,” he wrote. “And you know what’s going to help reduce homelessness? The #AmericanRescuePlan, which your party opposed.”

Others suggested she prioritize directly addressing the homeless situation.

“If you don’t like the homeless situation, instead of hiding in your PRIVATE PLANE HANGAR, your campaign should be about helping them,” actress Merrin Dungey said. “They don’t like their situation either. Your lifelong privilege is showing. It’s not a good color.”

Jenner, an Olympic gold medalist and reality star, is one of the most prominent transgender Americans. Because homelessness is such a common issue within the trans community, some were frustrated she was not using her campaign to fix the situation, and rather used it to complain about how it impacted her wealthy friends. 

See what others are saying: (The Hill) (Politico) (Washington Post)

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Derek Chauvin Seeks New Trial In George Floyd Murder Case

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  • A lawyer for Derek Chauvin, the former Minneapolis police officer who was convicted of murdering George Floyd, filed a motion Tuesday for a new trial.
  • Among other complaints about Chauvin’s conviction, the attorney cited “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
  • He also claimed the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial, arguing that publicity before and during it threatened its fairness. 
  • John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”

Derek Chauvin’s Attorney Files Motion for New Trial

Former Minneapolis police officer Derek Chauvin is officially asking for a new trial, hoping to overturn his conviction for the murder of George Floyd.

His attorney, Eric Nelson, filed court paperwork Tuesday laying out a number of errors he believes were made during Chauvin’s legal proceedings that violated his constitutional rights to due process and a fair trial. Nelson cited alleged issues, including, “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”

The filing did not cite any specific examples of jury misconduct, but Nelson also argued that the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial.

The court proceedings took place in the same city where Floyd was killed and where protesters drew national attention by calling for justice in his name. As a result, Nelson claimed that publicity before and during the trial threatened its fairness. He also argued that a defense expert witness was intimidated after he testified, but before the jury deliberated.

His filing asks for a hearing to impeach the guilty verdict, in part, on the grounds that the 12 jurors “felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”

It’s unclear exactly what will come of this request, but John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”

For instance, a judge previously denied Chauvin’s request to move the trial in March, saying, “I don’t think there’s any place in the state of Minnesota that has not been subjected to extreme amounts of publicity on this case.”

See what others are saying: (CNN) (NPR) (CBS)

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