Judge Patrick Bumatay of the U.S. Court of Appeals for the Ninth Circuit on Thursday slammed a district court’s order blocking San Francisco from enforcing ordinances that bar unhoused people from sleeping, lodging or camping on public property, calling the preliminary injunction a “radical interpretation” of the Constitution.
Bumatay, dissenting from a Ninth Circuit opinion upholding the injunction, said U.S. Magistrate Judge Donna M. Ryu of the Northern District of California exceeded the circuit’s precedent by finding that the city’s enforcement likely violates the Eighth Amendment’s prohibition on cruel and unusual punishment.