A U.S. Supreme Court decision allowing cities to ban homeless people from sleeping outside may have implications for Boulder as the city faces its own camping ban lawsuit.
A Supreme Court ruled on Friday in support of Oregon city’s laws banning homeless people from sleeping outside. The decision comes after the American Civil Liberties Union sued Boulder in May of 2022 for the city’s bans on camping and tents in public spaces.
In April, a Boulder district judge halted court proceedings in the lawsuit to see how the Supreme Court would rule on the similar case in Oregon, citing the impact the decision would likely have in the lawsuit.
“The City of Boulder will address the Grants Pass decision in our filings with the court in our own camping ban lawsuit,” Boulder Communication Manager Shannon Aulabaugh wrote in an email.
ACLU of Colorado Executive Director Deborah Richardson said the Supreme Court’s decision “imperils the lives, safety, and dignity of people experiencing homelessness and housing insecurity.”
“Make no mistake: this ruling is not the end of our efforts,” Richardson said in a release. “We will remain steadfast in our advocacy for the rights of unhoused Colorado residents. We expect the Colorado courts to come to the correct conclusion under our state Constitution: jailing people for sleeping outside when they have no other choice is cruel and unusual punishment.”
Boulder homeless advocate Jennifer Livovich joined the ACLU lawsuit as a plaintiff. She said she’s not surprised by the Supreme Court’s decision and thinks the lawsuit will be dismissed.
“It’s gonna go nowhere because Judge Gunning … he is going to refer to whatever the Supreme Court just said,” Livovich said, adding, “I don’t want homeless to go to jail for being homeless.”
In a 6-3 decision, the Supreme Court reversed a ruling in a lower court that found outdoor sleeping bans amount to cruel and unusual punishment. The case arose from Grants Pass, Ore., which banned sleeping in public spaces, after which a group of homeless residents sued the city.
The Associated Press contributed to this report.
