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House Bill 1380would undermine local control and create legal chaos: The bill would require any city, town, or county ordinance regulating activities like sitting, lying, sleeping, or staying warm on public property to be "objectively reasonable" in time, place, and manner. It also allows individuals to sue local governments over ordinances that fail this vague standard, potentially forcing legal changes and awarding attorneys’ fees to plaintiffs.
Vague standards create legal uncertainty: The bill’s “objectively reasonable” standard is dangerously subjective and invites courts to interpret local laws inconsistently. This uncertainty will leave cities and counties hesitant to enforce even basic public safety regulations, fearing costly lawsuits and potentially massive legal fees.
It makes public spaces less safe: HB 1380 could compromise public safety by discouraging the enforcement of reasonable regulationsand making shared spaces less functional for everyone. Local governments would face tough choices—risk a lawsuit or let public spaces deteriorate.
The bottom line: HB 1380 isn't about protecting vulnerable individuals; it's about taking away local control and opening the door to expensive, unnecessary litigation.
House Bill 1380would undermine local control and create legal chaos: The bill would require any city, town, or county ordinance regulating activities like sitting, lying, sleeping, or staying warm on public property to be "objectively reasonable" in time, place, and manner. It also allows individuals to sue local governments over ordinances that fail this vague standard, potentially forcing legal changes and awarding attorneys’ fees to plaintiffs.
Vague standards create legal uncertainty: The bill’s “objectively reasonable” standard is dangerously subjective and invites courts to interpret local laws inconsistently. This uncertainty will leave cities and counties hesitant to enforce even basic public safety regulations, fearing costly lawsuits and potentially massive legal fees.
It makes public spaces less safe: HB 1380 could compromise public safety by discouraging the enforcement of reasonable regulationsand making shared spaces less functional for everyone. Local governments would face tough choices—risk a lawsuit or let public spaces deteriorate.
The bottom line: HB 1380 isn't about protecting vulnerable individuals; it's about taking away local control and opening the door to expensive, unnecessary litigation.
