Italian mayor’s anti-loitering law struck downby Roberta Lunghini - 2016.12.14
Mayor of Trieste, Italy unsuccessful in keeping people from bedding down in the middle of the city. Having tried to keep people from sleeping outside, day or night, the Mayor of Trieste, Italy, was not able to pass his ordinance. In addition to banning sleeping outside, the measure was also intended to prohibit the consumption of food and drink or the distributing of material on public property (in a given high-traffic area). The Administrative Tribunal of Friuli Venezia Giulia (T.A.R.) that addresses such issues decided in favor of an asylum-seeker who had received a ticket for having violated the ordinance. The Court in Friuli Venezia Giulia deemed the ordinance illegal: stating that it went beyond the powers of the Mayor. More specifically, clarifying that the Mayor has the right extra ordinem only when preventing serious danger to the public’s or city’s safety. Which is not the same as merely trying to keep some of the city’s citizens from feeling uncomfortable or being inconvenienced by others, which the Mayor, in this case, seems to have been attempting.
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