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And it was -- one has to assume left that way and not enumerated by the parties because either the parties couldn't reach agreement on how toe numerate that or that it was left to the agencies to determine -- >> or it was relatively obvious. and is at least obvious enough so if you're putting people into a crowded room to sleep on a concrete floor with an aluminum foil blanket on top of them, that doesn't comply with the agreement. i mean, it may be that they don't get super thread count egyptian linens. i get that. but the testimony that the district judge believed was it's really cold. in fa...

>> are you really going to stand up and tell us that being able to sleep isn't a question of safe and sanitary conditions? you can't be safe and sanitary or safe as a human being if you can't sleep. >> well -- >> and you said in your brief, it doesn't say anything about sleeping, so therefore, there's nothing in here about being able to sleep. >> i think the concern there is, your honor, the court -- finding that sleep, for example, falls under -- is relevant to a finding of no safe and sanitary conditions is one thing. but the ultimate conclusion is, safe and sanitary is a singular category i...