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Class Action May Proceed on Behalf of NYC Homeless

A federal court in 1992 ordered the NYPD to stop arresting homeless panhandlers for violating an unconstitutional ordinance that prohibited loitering “for the purpose of begging.” As TalkLeft noted here, the order didn't stop the arrests. Neither, apparently, did a threat to hold NYPD in contempt of court.

Judge Shira Scheindlin's latest response may be more successful in getting the city's attention: she's certified a class action lawsuit, permitting a class of homeless people to sue the city for violating their civil rights by continuing to enforce the ordinance.

Judge Scheindlin said the suit seeks more than what the police had so far agreed to do, such as the dismissal of fines and the expunging of wrongful convictions from public records. Class certification is the only way to ensure equitable relief and to prevent future enforcement of the unconstitutional law, Judge Scheindlin said.

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    Swell (1.00 / 0) (#3)
    by jarober on Thu Aug 16, 2007 at 09:51:02 PM EST
    Yet another case of lawyers making the world worse.  NYC was made more livable by cleaning the streets up - this will help start a downhill slide again.  

    And yes, getting panhandlers off the streets is more compassionate than letting them stand outside and freeze or boil, depending on the time of year.  

    More livable for who? (none / 0) (#5)
    by kdog on Fri Aug 17, 2007 at 10:29:32 AM EST
    Certainly not the homeless.  I've seen with my own eyes how the homeless are harassed in this city simply for taking up space, and it makes me want to vomit.

    Parent
    "Civil rights" ??? (1.00 / 0) (#4)
    by diogenes on Thu Aug 16, 2007 at 10:21:30 PM EST
    Is the good judge saying that the law should be EQUALLY enforced for all races of panhandler, or are panhandlers now a "protected class" under civil rights law?  

    A typo? (none / 0) (#1)
    by kflaxman on Thu Aug 16, 2007 at 03:34:44 PM EST
    he's certified a class action lawsuit,

    should be
    she's certified a class action

    The Honorable Shira Scheindlin is female.

    Thanks. (none / 0) (#2)
    by TChris on Thu Aug 16, 2007 at 05:45:13 PM EST
    The typo has been corrected.

    Parent