Justice Department says that punishing homeless for sleeping outside is 'cruel and unusual'

A homeless man in California
(Image credit: Frederic J. Brown/AFP/Getty Images)

A small legal case in Boise, Idaho, could have big implications in cities across the country: Last week, the Department of Justice determined that Boise's laws against sleeping or camping in public places were unconstitutional, The Washington Post reports. 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. [The Washington Post]

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Jeva Lange

Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.