Homelessnes and the 8th Amendment

This was an excellent opportunity for me to learn something from the people in our community about being homeless. Walking around the square earlier this month on a beautiful pre-spring day, I was doing my normal photography thing. This day inparticular there were many people downtown relaxing, hanging out, and even sleeping on the Courthouse lawn. This is not uncommon. Coming to the westside of the courthouse I noticed one of the infamous security guards approaching a man sleeping in the grass just like anybody else. The difference? This man perhaps 'looked' homeless and the security guard assumed he was 'drunk' because he was asleep. Guessing what was coming I quickly snapped this shot:




The security guard very loudly began yelling at this gentleman and ordering him to get up and move along before he called the police (Their favorite thing to do in the square). The man was slightly slow to comply, he was sleeping for gosh sakes! Along came another gentleman, someone I have seen in the streets several times, and he informed the security officer that several courts had ruled that is was a Civil Rights violation to remove homeless people from public spaces. The security officer informed this gentleman that he didn't care what any courts said and ordered him to move along...he complied.



Due to my interest I checked up on this and indeed several courts accross the country have ruled that this is a violation of the 8th Amendment which protects citizens from "Cruel and Unusual Punishment". The reasoning is as follows:

• The state of being homeless is not illegal, just like being rich isn't.


• US Cities offer inadequate shelter for the homeless.


• Restricting the ability of the homeless to live in a city is a restriction on the freedom to travel.


• Public spaces are for public uses, the homeless are part of the public

Makes good sense to me, but even if you disagree fact is this security guard was trampling equality and unjustly treating this gentleman differntly than at least 10 others that day. I find this behavior appalling, what do you think?