So that Tustin may continue to use its anti-camping and park closure ordinances to protect public safety and public health, and to avoid costly lawsuits.
Recently the City of Tustin, as well as all other Orange County cities, were sued in Federal Court in an effort to address the lack of emergency shelter beds for the homeless in Tustin and Orange County. The City of Tustin entered into a settlement to help keep our City safe. As other nearby cities settle their lawsuits, those cities will be able to enforce their own ordinances with the potential to affect surrounding cities.
In addition, last month the Ninth U.S. Circuit Court of Appeals sided with six homeless individuals in Boise, Idaho over an ordinance that banned people from sleeping in public spaces. That decision requires the immediate availability of shelter beds at the time a city goes to enforce such laws. In essence, the Ninth Circuit said that it is unconstitutional cruel and unusual punishment to punish an individual for sleeping or loitering in parks, tents or homeless encampments if there is no bed available for them to go to.