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‘For the last several years, cities across the United States have responded to the problem of homelessness in the way governments tend to tackle dilemmas: by criminalizing the undesired behavior. In addition to banning feeding those without shelter (in some cases criminalizing the elderly for doing so), local governments have outright banned the homeless from sleeping or panhandling in public. Now, however, the Department of Justice is arguing that it is unconstitutional to bar the homeless from sleeping outside.
In a statement of interest filed this week in a little-known Idaho case on the subject, the DOJ explained its position:’
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