Art for Lawyers
A convenient starting point for homeless advocacy is the Supreme Court opinion in Kolender v. Lawson (1983) that a local government cannot implement and enforce arbitrary rules of conduct. City councils are elected, and as election turn-out is usually small, offices are jealously contested by the candidates. Particular constituents' interests are involved, leading to material support for sympathetic representatives. Sometimes these local initiatives run afoul of the Bill of Rights. A city ordinance making “vagrancy” a crime led to the trial of Papachristou v. City of Jacksonville (1983). Jacksonville is not a small town, and the homeless problem came to overwhelm its citizens. Legal enforcement was thought necessary. Although well-intended, by making it a violation of the law, it fell to beat cops to decide who was (and wasn't) breaking the law. On appeal, the code was found to be as vague as the definition of vagrant. If the homeless thought they could take refuge from the s...