PORTLAND, Ore. — On Monday, the U.S. Supreme Court decided not to review a case involving the city of Boise, Idaho and an ordinance banning camping on sidewalks.
The 9th Circuit Court of Appeals had ruled that the anti-camping ordinance in Boise was considered cruel and unusual punishment, which violated the Constitution's Eighth Amendment.
The Supreme Court denied Boise's appeal Monday without comment, as is its normal practice when declining to grant reviews.
"We're thrilled to see that the Supreme Court is not going to be hearing this challenge. We agree with the 9th Circuit that our Constitution prohibits punishing people for engaging in basic life sustaining activities like sleeping when they have nowhere else to go," said ACLU of Oregon Interim Legal Director Kelly Simon.
"People need somewhere to rest. People need to be able to have things with them when they're trying to sleep outside that protect them from the elements. People need to be able to survive in our streets."
James Wilbur is one of a number of homeless campers staying in tents and makeshift shelters outside of ARCHES in downtown Salem.
"This is definitely where I’m sleeping, but not necessarily home. It’s definitely not a home. It could be better," Wilbur said.
Salem recently enacted a similar ban against erecting tents and structures on city sidewalks.
"It's a real eye catcher and one that I think influenced what's happened, but we just can't have that we really can't," Salem Mayor Chuck Bennett said last month in an interview with KGW.
Downtown businesses hope this ban curbs a growing problem.
"Downtown is fragile as downtown's are and businesses will leave if there isn't something done to protect them," said Hazel Patton, Interim Executive Director of the Salem Main Street Association.
In 2017, the ACLU released a report that shows more than 25 cities have a similar law to Salem and Portland's.
Shortly after the 9th Circuit Court ruling, Portland police said they would no longer enforce Portland's law.