Sleep: a human rights issue

In October 2009, a group of homeless individuals (the plaintiffs) sued the US city of Boise, Idaho, its police department, and its police chief in federal court to challenge Boise's enforcement of certain city ordinances prohibiting camping and sleeping in public outdoor places on nights when there was insufficient shelter space to accommodate the city's homeless population. The lawsuit alleged that Boise's enforcement of these ordinances on such nights effectively criminalized the plaintiffs' status of being homeless and, therefore, amounted to cruel and unusual punishment—a violation of the Eighth Amendment to the US Constitution. Citing the US Government's interest in protecting individuals against “unconstitutional and abusive policing” and in “ensuring that justice is applied fairly, regardless of wealth or status,” the United States Department of Justice filed a Statement of Interest on behalf of the US Government in this lawsuit on August 6, 2015. In its Statement of Interest, the US Government urged the court to rule in favor of the plaintiffs on their Eighth Amendment claim. More specifically, the US Government argued: