🚫The government cannot criminalize the status of being homeless.
💤Sleeping outside is an essential human function and criminalizing it is equivalent to making it a crime to be homeless.
🌃Cities have the flexibility to implement time, place, and manner restrictions on where someone can sleep.
🏛️The core principle of Robinson requires an individualized determination for criminalization.
🚧The Ninth Circuit's broad injunctive relief in this case was inappropriate.
Can the government make it a crime to be homeless?
—No, the government cannot criminalize the status of being homeless.
Is sleeping outside an essential human function?
—Yes, sleeping outside is an essential human function, and criminalizing it is equivalent to making it a crime to be homeless.
Do cities have the authority to restrict where someone can sleep?
—Yes, cities have flexibility to implement reasonable time, place, and manner restrictions on where someone can sleep.
What does the Robinson principle require?
—The Robinson principle requires an individualized determination for criminalization.
Was the Ninth Circuit's injunctive relief appropriate in this case?
—No, the Ninth Circuit's broad injunctive relief was inappropriate.
00:13Mr. Negler presents the argument that the government cannot criminalize the status of being homeless, and the ordinances that make it unlawful for a person to reside in a jurisdiction if they are homeless are equivalent to making it a crime to be homeless.
00:40The core principle of Robinson requires an individualized determination for criminalization, and the Ninth Circuit's broad injunctive relief in this case was deemed inappropriate.
01:01Cities have the flexibility to implement time, place, and manner restrictions on where someone can sleep if they are reasonable.
01:26The petitioner and its amici raise concerns about problems arising from the Ninth Circuit's failure to require an individualized determination for criminalization.
01:58State law establishes that time, place, and manner restrictions are valid if they are reasonable.
