WHITING v. TOWN OF WESTERLY

No. 90-1757.

942 F.2d 18 (1991)

Charles WHITING, III, and Eric Anderson, et al., Plaintiffs, Appellants, v. TOWN OF WESTERLY and Mark Champlin, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 9, 1991.


Attorney(s) appearing for the Case

Gary D. Berkowitz, Pawtucket, R.I., for plaintiffs, appellants.

Eric B. Schnurer and Douglas Lasdon on brief for Legal Action Center for Homeless, amicus curiae.

John C. Levanti, Town Sol., Dunns Corners, R.I., for defendants, appellees.

Before BREYER, Chief Judge, CAMPBELL and TORRUELLA, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

The plaintiffs, Charles Whiting and Eric Anderson represent a certified class consisting of individuals arrested pursuant to two ordinances enacted by the Town of Westerly, one banning sleeping in a motor vehicle either in public or on the private property of another, the other banning sleeping outdoors in public or on the private property of another. The district court ruled in favor of the Town of Westerly, finding that neither...

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