Oxnard--The City Council approved the first reading of an ordinance amendment and waived a second reading, adding public areas to regulations on camping during its Tuesday, April 30 meeting.
Deputy City Attorney Andrew Gonzales presented the amendment and said on September 4, 2018, the United States Court of Appeals for the Ninth Circuit issued a decision in the case of Martin vs. the City of Boise and held that enforcement of anti-camping ordinances against homeless individuals who lack adequate shelter when no alternate shelter is available constitutes cruel and unusual punishment under the Eighth Amendment, which impacts how municipalities, including California, address homelessness.
He said on July 5, 2023, in the case Johnson vs. the City of Grants Pass, the Ninth Circuit Court of Appeals held that the City of Grants Pass anti-camping ordinance, which prohibited the use of items necessary to facilitate sleeping, such as pillows and blankets outside on public property, violated the Eighth Amendment’s cruel and unusual punishment clause.
“Johnson vs. the City of Grants Pass relied primarily on the Constitutional limitations on anti-sleeping ordinances established in Boise,” he said. “The decision in Johnson vs. the City of Grants Pass underscores the importance of ensuring local…
