Now Ken, they aren’t criminalizing homelessness! They’re just criminalizing sleeping in public even under circumstances where’s there no other choice available to you except never sleeping and analogizing a human sleeping to an alcoholic drinking. Perfectly reasonable interpretation of the law.
And of course, leaving aside that any proper reading of Powell would, under Marks, have Justice white's opinion (and not the plurality) be the holding of the court. And his opinion held it was impermissible to punish public intoxication provided you could prove it was involuntary.
And ignores the later majority holding in Driver v. Hinnan (1966), which held that a public intoxication statute could not criminalize public intoxication of someone who was a chronic alcoholic.
