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In 2019, the Fourth Circuit, sitting en banc, struck down Virginia’s statutory scheme that permitted the state to interdict and prosecute people as “habitual drunkards”—a practice that unjustly targeted Virginians with alcoholism who were also homeless. The Legal Aid Justice Center and Skadden, Arps, Slate, Meagher & Flom LLP brought this challenge in 2016 on behalf of several Plaintiffs arguing that the statute singled them out for incarceration based on their disease and their homeless status in violation of the Eighth and Fourteenth Amendments. The Fourth Circuit agreed. 

The Court ruled that the term “habitual drunkard” is unconstitutionally vague under the due process clause of the Fifth and Fourteenth Amendments. It found that the statute failed to provide fair notice to the public, “imposing criminal penalties on an untold number of chronically ill citizens.” The Court agreed that such vague language in a criminal statute invited arbitrary enforcement and allows for the state to “target persons, including the homeless, that state officials deem undesirable.” 

Further, the Court agreed with Plaintiffs’ Eighth Amendment challenge, affirming a central constitutional value that one cannot be punished for who they are rather than what they have done. The Court stated, “What the Eighth Amendment cannot tolerate is the targeted criminalization of otherwise legal behavior that is an involuntary manifestation of an illness.” 

The Legal Aid Justice Center applauded this landmark decision by the Court. “It is clear that the Court understood the heart of the issues — that the Constitution cannot allow for the criminalization of illness and homelessness. We look forward to telling our clients about this victory, so that they can pursue their lives without the constant fear of arrest and prosecution,” said Elaine Poon of the Legal Aid Justice Center. 

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