Residents of Valleyheart Glen may wonder why transients are allowed to sleep on our Sherman Oaks sidewalks?

The American Civil Liberties Union (ACLU) sued the City in federal court in 2003 on behalf of six individuals. The six plaintiffs had either been cited or arrested by LAPD for violating Los Angeles Municipal Code section 41.18(d), providing, “No person shall sit, lie or sleep in or upon any street, sidewalk or other public way,” … in such a manner as to … obstruct or unreasonably interfere with the free passage of pedestrians … unless they are attending a parade or upon a city bench. The ACLU alleged the ordinance was cruel and unusual in violation of the state and federal constitutions. The district court dismissed the law suit. The ACLU appealed. A divided, three-judge Ninth Circuit Court panel overturned the dismissal on the basis that the ordinance was excessively punitive and due to the City not providing sufficient housing for the homeless. The lone dissenting judge ruled in favor of the City on the grounds of an unprecedented and unsupported expansion of the Eighth Amendment. The ordinance didn’t target homelessness, but rather conduct — sleeping on city sidewalks — which could be committed by those with homes as well as those without. The two ruling judges countered that the plaintiffs’ conduct was involuntary and thus the ordinance permitted status-based discrimination.

The City could have appealed the ruling to the California Supreme Court arguing that it had a compelling reason to prohibit sleeping on city sidewalks. The then City Attorney declined to do so. The City could have redrafted the law more narrowly. Instead, the City, through mediation, entered into an agreement, commonly referred to as the Jones settlement (one of the six homeless plaintiffs was Edward Jones). The City agreed not to enforce the ordinance from 9:00 p.m. to 6:00 a.m. unless and until 1,250 additional homeless housing units were constructed. This informal agreement is referred to as the Right to Rest law. There’s also been a statewide movement to codify a Right to Rest law.

The City continues to abide by the agreement despite the satisfaction of the condition. By 2015, the Jones settlement requirements had been met as an additional 1,376 homeless housing units had been made available.

Let us know how you feel about this quality of life issue. Submit comments to comments@valleyheartglenners.com.