As the case has moved through the legal process, city officials and coalition attorneys have wrangled over what constitutes “involuntary” homelessness. Ryu’s court order cites Martin v. Boise, a landmark federal case that prohibits the citation or arrest of people sleeping outdoors if no shelter is made available to them.
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This month, the Ninth Circuit U.S. Court of Appeals “acknowledged that individuals are not involuntarily homeless if they have declined a specific offer of available shelter or otherwise have access to such shelter,”
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Witness the Destruction of the Rush Creek Open Space & Waterfowl Preserve.