ARCATA ANTI-HOMELESS ORDINANCE IS UNCONSTITUTIONAL

"federal appeals court panel ruled on Friday that arresting homeless people for sleeping, sitting or lying on sidewalks and other public property when other shelter is not available was cruel and unusual punishment."
New York Times April 15

Arcata Municipal Code
TITLE X - PUBLIC PROPERTYCHAPTER 1 - PARKS AND GROUNDS
SEC. 10004. Overnight use prohibited. (Amended by Ord. No. 1205)

Sleep is a human necessity, not a luxury or privilege. This ordinance prohibits sleeping outdoors in Arcata, thereby punishing the homeless with sleep deprivation. This violates the EIGHTH AMENDMENT to the U.S. Constitution which guarantees us freedom from “cruel and unusual punishment.”

Anti-camping ordinances have been successfully challenged in Portland, Oregon (State of Oregon v. Wickes); Santa Ana, California (the “Eichorn decision”); Miami, Florida (“Potinger v. City of Miami”);