BOISE, Idaho — The U.S. Supreme Court will not review an appellate decision that makes it harder for cities to keep homeless people from sleeping on the streets.
The justices on Monday did not comment as they left in place a ruling that struck down the Boise ordinance.
The ruling by the 9th U.S. Circuit Court of Appeals applies across several Western states where cities are struggling with homelessness brought on by rising housing costs and income inequality.
The appeals court held that Boise could not make it a crime for homeless people to sleep on the streets when no alternative shelter is available.
In a statement Monday morning, Mayor Dave Bieter called the high court's decision not to take up Boise's camping ban "disappointing."
"We believe that the 9th Circuit’s most recent decision in this case leaves the city’s fundamental ability to protect public health and safety on its own streets very uncertain. Without further clarification by the courts, our most vulnerable residents – the very people this suit purports to be protecting – would be victimized by the conditions in camps that could crop up," Bieter says in the statement. "Without the ability to enforce this ordinance, much of what we’ve accomplished in providing permanent supportive housing and other services for those experiencing homelessness could be jeopardized. To avoid that, I encourage the incoming city administration and city council to continue fighting this case in local federal court."
Mayor-elect Lauren McLean is set to take over in January.
"Today, The Supreme Court has decided to let stand the lower court opinion around ticketing for sleeping outside. Today's events underscore what I believed to be true all along: we needed to be planning for this scenario," McLean said in a statement. "I look forward to continuing and expanding the City of Boise's good work with key community partners in housing and homelessness, and believe we have effective, humane, and constitutionally sound solutions in our grasp. It's my personal commitment as Boise's next Mayor to keep proactively addressing this issue, and that work has already begun."
McLean said Chief Judge Ronald Brown of the district court will be reviewing the 9th Circuit ruling to offer more insight and clarification into what the city can and cannot do under the ruling moving forward.
The case began in 2009 after Boise enacted a rule to allow police to ticket homeless people sleeping outside. Six homeless people sued Boise, arguing the ordinance was unconstitutional.
The city modified its policy in 2014, only issuing tickets when homeless shelter beds are available.
But the 9th circuit court noted that time limits and religious programming at some shelters means some homeless residents may be compelled to sleep outside even when beds are available.
Boise leaders asked the appeals court to reconsider, but were denied, propelling the case to the Supreme Court level.