Wednesday, March 9, 2011

Three Boulder homeless men challenge constitutionality of camping tickets - Colorado Daily

Three Boulder homeless men challenge constitutionality of camping tickets - Colorado Daily: "Three homeless men in Boulder are challenging the constitutionality of the city's anti-camping ordinance, claiming that it violates their Eighth Amendment protections against cruel and unusual punishment.
David Madison, Mark Wray Sr. and Donald Jackson each received a municipal ticket in November or December for camping without a permit within city limits.
Boulder's code makes it a municipal offense to sleep overnight in public places, including parks or under bridges, without written permission from the city manager. The tickets carry a $100 fine, but most indigent people who can't afford to pay must perform up to 12 hours of community service.
Madison, Wray and Jackson are each fighting their tickets in Boulder Municipal Court, where Associate Judge Jeff H. Cahn has already ruled against a motion to dismiss Madison's case on the basis that criminalizing sleep is tantamount to cruel and unusual punishment"

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