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9th Circuit Court of Appeals unanimously overturned a district court decision in favor of the city of Boise, Idaho, in a case in which homeless people challenged two city ordinances that barred them from staying overnight on public property. The ruling will protect the homeless not only in Boise but in California and other Western states from ordinances that punish them for being unable to obtain shelter. The challengers, who had been cited under the Boise ordinances, sought damages and a court order barring the city from enforcing the laws. After the litigation began, the Boise Police Department decided in 2010 to prohibit enforcement of the ordinances against any homeless person on public property on a night when no shelter had “an available http://ordernowmdd.wpfreeblogs.com overnight space.” Police continued to cite homeless people on nights when there was availability in the shelters. The 9th Circuit, though, cited evidence that some shelters limited the number of days a homeless person could stay or turned away people who arrived past certain hours. Others required a religious commitment, the court said. “A city cannot, via the threat of prosecution, coerce an individual to attend religion-based treatment programs,” Judge Marsha S. Berzon wrote for the court. Even though the shelters had beds, some homeless people did not have access to them, the court noted. Tuesday's decision reinstated a 2006 9th Circuit ruling in a challenge to a Los Angeles homeless law. A settlement was eventually reached in the Los Angeles case, and the ruling lost its value as a precedent.
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The NCAA’s infractions committee found in June 2010 that McNair engaged in unethical conduct in connection with Bush receiving illicit benefits from sports marketers while he played for the Trojans. The committee punished McNair with a show-cause penalty and USC declined to renew his contract. McNair, who sued the NCAA in June 2011, argued the punishment and associated stigma made coaching another college or professional team all but impossible. The committee also levied historic sanctions against the Trojans that included a two-year bowl ban, the loss of 30 scholarships and four years of probation. McNair, now the offensive line coach at the Village Christian School in Sun Valley, hasn’t worked at the college or professional level since the show-cause penalty. While McNair’s legal team declined to discuss the tentative ruling Tuesday, McNair told The Times last month the jury’s decision “threw me out of whack for a while.” “Since the court’s ruling is tentative, it is premature to comment,” the NCAA said in a statement. “We look forward to the opportunity to provide our objections to the court per California trial rules.” The quest http://shoppingsalesif1f.webdeamor.com to have the show-cause penalty declared invalid under state law was severed from the trial phase of McNair’s defamation suit and decided by Shaller based on briefs filed by both sides. “The trial testimony and reasonable inferences drawn from such testimony,” the judge wrote, “established to a preponderance of evidence that the Show-Cause Order imposed as a penalty against McNair was, in his case, in essence equivalent to a college coaching career-terminating sanction since no NCAA member school, including USC, would likely risk the exposure to sanctions that would impact their athletic programs and lucrative media-related and athletic program income or status by even considering hiring or retaining McNair at any later date after sanctions expired because his reputation was tainted by the penalty.” Shaller cited state law ensuring “every citizen shall retain the right to pursue any lawful employment and enterprise of their choice” and noted the show-cause penalty also restrained NCAA schools from pursuing their business interests by hiring McNair. “A determination of the declaratory relief action will not only serve as a practical means of resolving the current controversy but will also serve to allow the NCAA and member schools to conform their conduct to the law and prevent future litigation,” Shaller wrote.
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