BOISE — After nearly a decade, the 9th U.S. Circuit Court of Appeals ruled that the city of Boise can't prosecute people for sleeping on streets.
The court of appeals sided with six homeless people from Boise, after they sued the city in 2009, over an ordinance that banned people from sleeping in public spaces.
“We talk about Boise being a liveable city, well it should be liveable for everybody; poor and rich alike, housed and unhoused alike,” Howard Belodoff, attorney and associate director of Idaho Legal Aid Services said.
Boise changed its anti-camping rule four years ago to say homeless campers could not be cited if all local homeless shelters were full.
But the court ruled that didn't fix the problem.
“Now the city has to come up with real solutions to address the homeless issue,” Belodoff said.
Belodoff told KTVB he believes the solution is more affordable housing.
“There has been some progress in the last 10 years or so, but not enough,” Belodoff said. “We have many families living in cars in Boise and you can close your eyes to it and don’t see it, but it’s there.”
The city of Boise told KTVB its attorneys are taking a closer look at the decision and trying to decide what the best path forward is.
“It could likely go a couple of different ways,” Mike Journee, the communication director for the Boise Mayor’s Office said. “The two possible scenarios could be asking for reconsideration in front of the entire panel of the 9th Circuit, as opposed to just the appeals panel. Also, another option is to appeal to the U.S. Supreme Court.”
Tuesday's ruling could have far-reaching impact.
“This ruling will ripple through every city, practically every city in the United States, because for the first time it establishes that homeless people can’t be singled out and punished for sleeping or lying or sitting,” Belodoff said.