HSR attorney Joshua Piovia-Scott, working with the members of a clean and sober homeless encampment of women and children, obtained a court order preventing the City of Oakland from removing the homeless encampment until at least November 26, 2018, when a decision will be made as to whether the City is violating their constitutional rights. HSR is arguing that the recent Ninth Circuit decision in Martin v. Boise, 902 F. 3d 1031, in which the court held that a statute that imposes criminal sanctions against homeless people for sleeping outdoors violates the Eighth Amendment’s prohibition against cruel and unusual punishment when there are insufficient shelter beds to house these individuals, applies to this situation.

Media:

https://www.eastbayexpress.com/SevenDays/archives/2018/11/13/federal-judge-blocks-oakland-from-removing-homeless-camp?fbclid=IwAR0WCQnSpeNwvJAt41sZGgOstdye-Xi7Zys5hePmHwg_J7MZ-z19FOC2tLM