BOISE -- Seven homeless people are suing the city of Boise, claiming their rules against camping in public are unconstitutional, cruel, and unfair.
Over the last few years, the National Center on Homelessness and Poverty says several hundred homeless people have been cited for camping in Boise's public places.
City code prohibits camping in public places at any time, and prohibits sleeping in public as disorderly conduct.
The national organization, who is representing the plaintiffs, says the majority of those cited end up doing jail time because they can't afford the fine.
They argue the punishment is cruel and unusual.
They say it's unconstitutional for the city to cite the homeless for sleeping in public when there is not adequate shelter space available in the city.
The lawsuit is asking for the city to stop issuing the citations until more shelter space becomes available.
Paul Johnson has lived on the streets for five years. He agrees with the lawsuit's claims.
"I think the city needs to step back and regroup and look at their policies and think about some of these people who are actually out here on the streets," said Johnson.
The city would not comment directly on the lawsuit, but a spokesperson says the city council is expected to take up the camping ordinance Tuesday.
The council is expected to clarify the definition of camping under city guidelines.
In the meantime, Mayor Dave Bieter's spokesman, Adam Park, says city leaders are also working with police.
At night, officers will have an idea of shelter space available -- and if there is room, that's where they will direct those who are sleeping on the streets.
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