BOISE, Idaho — The city of Boise is clarifying what the recent decision from the 9th Circuit Court means when it comes to the case about the city's camping ordinance.
At issue: whether the city should be allowed to cite people for sleeping on the streets.
“It is illegal to camp in the city of Boise for public health and safety reasons,” Boise spokesman Mike Journee said.
Six homeless people filed the lawsuit against the city in 2009. Last September, a court ruled that the city's ordinance against camping on city streets was unconstitutional. The court said keeping people from camping on the streets when they didn't have any other option amounted to cruel and unusual punishment. The city appealed that decision. On Monday, the 9th Circuit Court of Appeals came back with its ruling.
“This ruling simply says that the plaintiff and the city must go back to the court and get a further ruling and some further clarification from the court,” Journee said. “So those ordinances, as far as we're concerned, are still in effect and will still be enforced.”
The Boise Rescue Mission says there's always space at their shelters to house the homeless.
“We haven't seen full capacity since I’ve been here,” Boise Rescue Mission President Rev. Bill Roscoe said.
Interfaith Sanctuary's Executive Director Jodi Peterson says shelter restrictions may prohibit some from staying at the shelters and can cause confusion when it comes to the ordinance.
“So, even if they had space in their shelter, they may not be qualified,” Peterson said.
Boise Police Sergeant Craig Nixon sees the homeless population daily. He said it takes numerous warnings and contact before they even issue a citation.
“There are a lot of people here that are dealing with mental illness and drug and alcohol addiction, we see a lot of people handing out money the best thing they can do is give it to the shelters,” Nixon said. “Unfortunately, when the money is handed out it's used to continue the vicious cycle that they're in.”
In 2018, the city says they issued a total of 30 tickets for camping in the city.