Eighth Amendment bars enforcement against homeless people of municipal ordinance prohibiting sitting, lying or sleeping on public sidewalks

according to this ruling today by the Ninth Circuit (Judge Wardlaw) in Jones v. City of Los Angeles.  Judge Rymer dissented, arguing that the case did not present one of those rare instances in which the Eighth Amendment imposes limitations on substantive criminal law.  Looks like an en banc candidate to me . . .

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