 and they made clear that church shelter beds do not count because they said that would violate the first amendment so that basically tied the hands of cities when it came to dealing with homeless problem the homelessness problem or it here in phoenix and in some other cities it gave a handy excuse to government officials who did not want to do their job they could say well it's not my fault i can't do anything the ninth circuit said i'm not allowed to do anything and so it gave them a real good excuse