But a challenge to the law itself on constitutional grounds (given that the plaintiffs would have standing to bring it forth) would still hold a chance, right?
How likely would the court be to hear the argument that this law is a violation of homeless peoples' ninth amendment rights to...
Thank you both for your replies. This whole issue is quite frustrating, and my research has turned up utter inconclusiveness. Luckily in LA, "homeless" is considered a legal class (a common frustration else ware when the homeless seek TROs against the city), so there seems to be an abundance of...
I know this is probably an issue for court, but I've done enough research today to see this kind of argument a lot:
Isn't this a vague law, violating the California State Constitution's protection from vague laws, if the police in LA are interpreting it as applying to only people with tents...
The officer told me 647(e), but perhaps he was referring to:
647c. Every person who willfully and maliciously obstructs the free
movement of any person on any street, sidewalk, or other public
place or on or in any place open to the public is guilty of a
misdemeanor.
Nothing in this section...
In Venice, CA, law officers are currently citing homeless individuals who pitch small tents on sidewalks, which do not block the sidewalk from use by pedestrians in any way, as violating California Penal Code 647e.
Here is a copy:
647. Except as provided in subdivision (l), every person...