The reported encampment is on City property, and recent federal court cases have restricted removal of homeless encampments on public property. In Martin v. City of Boise, the Ninth Circuit Court of Appeals issued a unanimous decision, finding that the City of Boise’s prohibition against sleeping in public violates the Eighth Amendment’s prohibition against cruel and unusual punishment when no alternative shelter is available. Thus, cities cannot enforce camping/lodging prohibitions if their local homeless population faces inadequate shelter space. However, the City will continue to monitor the location and assist with clean-ups when appropriate.

The Code Enforcement Division Copy pasting the same message without taking action on behalf of the persons experiencing homelessness is only causing the problem to grow. Doing the same thing over and over again is not working.

Suggestion: Use some of the $909K allocated to the IHART Mobile Mental Health Response team to help these people to re-enter society. Provide LINKAGE to shelters, homeless services, mental health services, and substance abuse treatment to these people in crisis. This is not a situation to be monitored by Code Enforcement.