City of Boise to ask 9th Circuit court to reconsider decision on camping ordinance

File-This undated file photo shows the entrance to an alley known as Cooper Court, a homeless camp in Boise, Idaho. A federal appellate court says cities can't prosecute people for sleeping on the streets if they have nowhere else to go. In a ruling handed down Tuesday, Sept. 4, 2018, the 9th U.S. Circuit Court of Appeals sided with six homeless Boise, Idaho residents who sued the city in 2009 alleging that a local ordinance that bans sleeping on the streets amounted to cruel and unusual punishment. The ruling could impact several other cities across the western U.S.(Adam Cotterell/Boise State Public Radio via AP, File)

The city of Boise is asking the 9th Circuit of Appeals to reconsider its decision that banned cities from barring people from sleeping or camping on the streets.

"No, I'm sorry, it is constitutional. And, we disagree. And, therefore, we would like the entire ninth circuit panel to reconsider that," said the City of Boise Communication's Director, Mike Journee.

A lawsuit was filed in 2009 by six homeless people against the city of Boise.

The decision from the court says prosecuting people for sleeping on the streets if they have nowhere else to go is cruel and unusual punishment.

"And, we want to make sure that if there is a bed available for somebody in the community that they're taking advantage of that and they're not staying on the streets, in potentially dangerous situations," Journee said.

Reverend Bill Roscoe with Boise Rescue Mission said those beds are always open.

"We have capacity on every single night for homeless people to be in a bed, in a safe place,” Roscoe said.

Lawrence Bankston, who's homeless, told CBS 2 News earlier this month that although he tries to stay in the shelters he has been ticketed in the past for sleeping in a public places.

"I don't think that's fair. I really don't," Bankston said. "I mean you're going to give them a ticket what are you going to do? You want to put them in jail? You gonna fine them? If they're homeless and they don't have a job how are they going to pay the fine?"

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