Facts

Plaintiffs were six homeless individuals who lived on the streets of Skid Row. They were arrested pursuant to Los Angeles Municipal Code Section 41.18(d), which prohibits "sitting, lying, or sleeping" in a public way at any time of day. Represented by the American Civil Liberties Union (ACLU), plaintiffs brought suit against the city of Los Angeles (City) and Los Angeles Police Dept. (LAPD) Chief William Bratton and Captain Beck seeking a permanent injunction barring enforcement of the ordinance between 9:00 p.m. and 6:30 a.m.

The district court granted judgment in favor of the city. The 9th U.S. Circuit Court of Appeals (9th Circuit) reversed, holding enforcement of Section 41.18(d) against homeless individuals violated their Eighth Amendment right to be free from cruel and unusual punishment. Plaintiffs were biologically compelled as humans to rest, but had nowhere else to go. The city could not arrest people for sleeping on the sidewalk until it provided adequate shelter. The city requested en banc review of the decision, but stayed proceedings while the parties negotiated a settlement.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended city officials arrested them for resting on public sidewalks when they had nowhere else to go. Some lost their tents and belongings in the process. Enforcement of the ordinance against homeless individuals compelled as humans to sit, lie, or sleep on the sidewalk violated the Eighth Amendment.

DEFENDANTS' CONTENTIONS:
Defendants contended that absent a conviction, appellants do not have standing to challenge the application of the ordinate under the 8th Amendment and that their claims failed on the merits because the ordinance punishes conduct not status.

Damages

Plaintiffs sought injunctive relief barring city officials from enforcing the ordinance between 9:00 p.m. and 6:30 a.m.

Result

Settlement whereby the plaintiffs agreed to jointly move to vacate the opinion and dismiss the appeal and defendants will not enforce the ordinance banning sleeping on the sidewalk between the hours of 9 p.m. to 6 a.m., until 1,250 units of supportive housing is built. The new agreement allows people to sleep on sidewalks from 9 p.m. to 6 a.m. in all parts of the city, except within ten feet of a building entrance, driveway or business.