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Numerous personal decisions go into being homeless, such as not moving to a cheaper housing market, refusing offered services, or breaking ties with friends or family members who might be able to provide accommodation. The concept of agency is already under assault in the legal academy; should more courts pick up on this trend, much of the criminal law would have to be discarded. A dissenting Ninth Circuit judge in a subsequent appeal of the case noted that if cities cannot ban sleeping in public, because sleeping is an inevitable concomitant of being human, they also cannot ban defecating in public. The majority chose not to respond to this logical inference. In July 2019, Theodore Olson, a Washington lawyer best known for his work on the 2000 electoral case of Bush v. Gore, announced that his firm, Gibson, Dunn and Crutcher LLP, was seeking Supreme Court review of Boise v. Martin. If the Court grants review, Olson should challenge not just the specific holding banning encampment ordinances but the constitutional jurisprudence underlying the decision as well. The Eighth Amendment speaks only of punishment; it is a mistake to use it as a restriction on the substantive criminal law. Moreover, the conduct versus status distinction that grew out of that mistake is, in many instances, philosophically incoherent. If San Francisco wanted to give its homeless addicts their best shot at stability, it would go after the open air drug trade with every possible tool, including immigration law, however unlikely such a change of course is.

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42 The votes for the initiative were as follows: 131,691 for the initiative to 190,823 against. While the initiative was voted down by a little over 59,000 votes, in some counties and cities it was decisively closer. Eight of the thirty nine counties in the state voted for the initiative, and in seven of the counties including four of the counties that passed the bill, the vote for or against was within a margin of one hundred votes. The counties that passed the initiative were: Adams County, Chelan County, Cowlitz County, Douglas County, Grant County, Grays Harbor County, Wahklakum County, and Whitman County. The counties in which the vote was decided by a margin of one hundred votes or less were largely rural counties: Cowlitz County, Franklin County, Grays Harbor County, Lewis County, Mason County, Wahklakum County, and Whitman County. 43 In the cities of Kent and Auburn, the vote was also quite close: Kent, a major center of Klan activity, passed the measure by 416 to 399, and Auburn passed it by a similarly close margin of 795 to 675. 44The decline of the Ku Klux Klan came rather rapidly after 1924, and not only in Washington State. Klan membership, while it remained high in Whatcom County, dropped considerably after the defeat of Initiative 49 in Washington State. Throughout the United States, the Klan also lost a big majority of its members, largely because of national scandals and corruption of its leadership. The Klan faced a huge decrease in the size of its secret society, going from over two million members to only a couple hundred thousand within a year. 45Too, the Immigration Act of 1924 sharply restricted immigration to the United States based on a regressive and unwieldy quota system that limited immigration to 2% of that race or nationalitys population according to the 1890 census and excluded East Asians and Asian Indians completely.

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