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The Unconstitutionality of Antihomeless Laws: Ordinances Prohibiting Sleeping in Outdoor Public Areas as a Violation of the Right to Travel
Open accessAbstract
Ijust spent sixty days in the jailhouseFor the crime of having no dough.Now here I am, back on the streets again, For the crime of having nowhere to go.The Band' On June 4, 1987, in response to repeated complaints from neighborhood businesses and residents, forty Los Angeles police officers swept through the city's skid row areas to remove homeless individuals from the streets. 2 Hundreds of homeless people were forced to abandon their makeshift shelters because they were violating a previously unenforced ordinance prohibiting sleeping on a street, sidewalk, or other public way.'The police tossed personal possessions into the street and threatened to arrest those homeless people who refused to move or accept housing vouchers. 4 Many cities have ordinances that similarly prohibit sleeping in certain public areas. 5Indeed, many municipalities, including Dallas,
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“Anti-homeless laws have been challenged on the grounds that, by effectively banning some people from some public places, they constitute a constitutional right to travel (Ades, 1989).”
From The Annihilation of Space by Law: The Roots and Implications of Anti‐Homeless Laws in the United States (1997) · cites this paper as Ades, 1989
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Landriscina, M. (2009) · Research in political sociology · doi:10.1016/s0895-9935(08)17007-3
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Pérez, V. C. (2020) · SSRN Electronic Journal · doi:10.2139/ssrn.3685459
Constitutionalism and Mobility: Expulsion and Escape Among Partial Constitutional Orders
Bomhoff, J. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108751483.008
Homelessness and the Regulation of Public Property
Skolnik, T. (2024) · Cambridge University Press eBooks · doi:10.1017/9781009392631.001
Homelessness and the Constitution
Skolnik, T. (2024) · Cambridge University Press eBooks · doi:10.1017/9781009392631.003
Metadata
- Authors
- Ades, P.
- Affiliations
- Williams College (US)
- Corresponding author
- Ades, Paul
- Venue
- California Law Review
- Publisher
- California Law Review
- Published
- 1989
- Volume
- 77
- Issue
- 3
- Pages
- 595-595
- ISSN
- 0008-1221 (ISSN-L)
- OpenAlex
- W4236438329
- Cited by
- 12
- References
- 0
- Citations by year
- 2024: 2 · 2020: 1 · 2019: 1 · 2017: 1 · 2014: 1 · 2012: 1
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- green
- doi.org
- Locations
- California Law Review (publishedVersion)
- bepress Legal Repository (submittedVersion)
- California Law Review
- UC Berkeley
- Topics
- Social Sciences › Law › Law, Rights, and Freedoms
- Social Sciences › Sociology and Political Science › Homelessness and Social Issues
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Legal and Constitutional Studies
- Keywords
- right to travel, homelessness, municipal ordinances, unconstitutionality, Los Angeles, Dallas, housing vouchers
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