One of Denver’s most controversial practices, the homeless camping ban, could be ended by an upcoming Supreme Court decision.
The decision in the case of Boise v. Martin would affect cities in the 9th circuit that use encampment sweeps to keep their locales clean. A Supreme Court ruling that the sweeps are “cruel and unusual punishment” and unconstitutional would signal an end to the shoo-ing of homeless people all over town.
“This sets the stage for the most significant Supreme Court case about the rights of homeless people in decades,” the National Homelessness Law Center said in a statement. “At its core, this case will decide whether cities are allowed to punish people for things like sleeping outside with a pillow or blanket, even when there are no safe shelter options.
“The National Homelessness Law Center fully expects the Supreme Court to protect the rights of people who are forced to live outside and to follow the consistent precedents set by lower federal courts. The Constitution’s protection from Cruel and Unusual punishment applies to all people, not just those fortunate enough to have their own home. In deciding this case, SCOTUS will determine if people who are forced to sleep outside are allowed to do so without the threat of arrest or fines.”