[Hpn] JAPAN - Osaka court rejects lawsuit by forcibly moved homeless (fwd)

Tom Boland wgcp@earthlink.net
Wed, 21 Nov 2001 17:21:27 -0800

http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20011109a8.htm FWD The Japan Times: Nov. 9, 2001 OSAKA COURT REJECTS LAWSUIT BY FORCIBLY MOVED HOMELESS OSAKA -- The Osaka District Court on Thursday rejected a lawsuit filed by 26 people demanding compensation for the city's clearing away in December 1998 of tents used by the homeless along the sidewalk in Nishinari Ward. The plaintiffs maintained that the city's action violated the constitutional freedom to choose a residence and demanded the city pay them 1 million yen each in damages. In handing down Thursday's ruling and deeming the city's action legal, Judge Ikuo Yamashita said the plaintiffs did not have the right to occupy the space in question. "The order was exercised in the midst of winter, and as such, the plaintiffs' desire to at least have the removal pushed back to spring is not incomprehensible," Yamashita said. However, the judge said the municipality was not overstepping the law in having the tents removed. The plaintiffs said they will appeal the ruling. According to the court, on Dec. 11, 1998, the city ordered the tents and goods being used by the homeless living on the pavement of a municipal road to leave the premises on grounds that local residents could not use the sidewalk and that the tents had a "bad influence" on the educational activities of a nearby junior high school. Because the tents' owners refused to comply, the city forcibly removed the tents on Dec. 28. The plaintiffs argued that the act violates Article 25 of the Constitution, which says that all people shall have the right to maintain the minimum standards of wholesome and cultured living. But the court said the city had taken steps such as offering temporary shelter, and as such could not be accused of threatening the plaintiffs' health or survival. END FORWARD **In accordance with Title 17 U.S.C. section 107, this material is distributed without charge or profit to those who have expressed a prior interest in receiving this type of information for non-profit research and educational purposes only.** SEE ALSO [Hpn] HOMELESS face EVICTION for Japan OLYMPICS / Nakama-no-kai press release Association of Poor people in Nagai-Park (Nagai-Kouen-Nakama-no-Kai) Nagai-kouen, higashi sumiyoshi-ku, osaka-shi NAGAI-KOUEN Tent Village E-mail <nojuku_nagai@geocities.co.jp> E-mail <nagai_nojuku@nakamanokai.freeservers.com> http://www.geocities.co.jp/WallStreet-Bull/8932/ http://nakamanokai.freeservers.com/ Visit HPN for CONSTANTLY UPDATING NEWS on Homeless People: *************************************************************** Over 10,000 articles by or via homeless & ex-homeless people Been Homeless? Then JOIN! EMAIL Tom Boland <wgcp@earthlink.net> Nothing About Us Without Us - Democratize Public Policy ***************************************************************