Leonard J. Porto, lll v. City of Laguna Beach, California, et al.
DueProcess Punishment JusticiabilityDoctri
Whether a homeless individual has standing to challenge a local ordinance prohibiting sleeping in public and a homeless shelter's Locals Preference' policy
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”?