No. 18-6521

Leonard J. Porto, lll v. City of Laguna Beach, California, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-31
Status: Denied
Type: IFP
IFP
Tags: article-iii-standing civil-rights credible-threat-of-enforcement due-process enforcement-threat homeless homeless-rights local-ordinance municipal-code public-space shelter-policy standing
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether a homeless individual has standing to challenge a local ordinance prohibiting sleeping in public and a homeless shelter's Locals Preference' policy

Question Presented (OCR Extract)

ISSUES PRESENTED FOR REVIEW 1. To challenge a local ordinance that prohibits sleeping in public at all hours, must a party show that he was “arrested, charged, or convicted under that ordinance,” as the Ninth Circuit held, App. 4, or is it sufficient, based on the “Notice of Municipal Code Violation Administrative Citation” issued by police, App. 42, their verbal threats of citation, and their history of citing others for the same violation, that the party faced a “credible threat of enforcement” sufficient to establish Article [II standing? 2. Does a homeless resident who was repeatedly denied overnight access to a homeless shelter by staff have Article III standing to challenge the shelter’s “Locals Preference” policy, which denied access to individuals who were “not [] member[s] of the Laguna Beach homeless community for eighteen (18) months or more prior to November 3, 2009”?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-11-29
Brief of respondents City of Laguna Beach, et al. in opposition filed.
2018-09-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)

Attorneys

City of Laguna Beach, et al.
Philip Douglass KohnRutan & Tucker, LLP, Respondent
Philip Douglass KohnRutan & Tucker, LLP, Respondent
Leonard Porto
Leonard J. Porto III — Petitioner
Leonard J. Porto III — Petitioner