BOULDER, Colo. — The Colorado Court of Appeals has upheld Boulder's longstanding ban on camping or lodging on any property without consent, dealing a blow to the ACLU of Colorado, which filed the original lawsuit in 2022.
The ruling means violators of the ordinance could face fines of more than $2,000 and up to 90 days in jail. Under the ordinance, "shelter" is defined as any cover or protection from the elements other than clothing — including blankets and tents.
▶️ Watch: Denver7's Colin Riley talks with an advocate and someone who has faced homelessness in the wake of the ruling
The case was dismissed in 2024 after a U.S. Supreme Court ruling determined camping bans did not violate the Constitution. The ACLU appealed that dismissal, and last week received the Colorado Court of Appeals' answer.
In its ruling, the court said it had concluded "that the Colorado constitutional right to freedom of movement does not include a fundamental right to shelter on public property."
"Boulder's residents without a safe place to rest indoors understandably may seek to shelter on public property," the ruling said. "But no matter how sympathetic their plight, these circumstances alone don't create new state constitutional rights."
The court further concluded that Boulder's ordinances do not constitute cruel and unusual punishment.
"Colorado Constitution's protection against cruel and unusual punishment has not been expanded beyond that provided by the Eighth Amendment," the ruling said. "Therefore, applying the United States Supreme Court's interpretation of the Eighth Amendment as guidance, the division concludes that the ordinances are not cruel and unusual punishments because the ordinances criminalize homeless residents' conduct only, not their status."
Tim Macdonald, legal director at the ACLU of Colorado, responded to the decision.
"We are deeply disappointed by this decision. This is a devastating, though hopefully only temporary, blow to the promise of the Colorado Constitution," Macdonald said.
The ACLU of Colorado said the City of Boulder is "lacking sufficient shelter space" and that the city "continues to punish conduct that is inseparable from survival."
Ana Miller, an advocate for the unhoused with Housekeys Action Network Denver and someone who has faced homelessness herself, called the ruling cruel.
"You are basically criminalizing someone for surviving by taking away any means of protection, even just blankets, you are leaving people, especially in the winter time, in a position where they can die," Miller said.
She described the daily reality for people affected by the ban.
"You're going to spend half your day just literally trying to find somewhere you can hide from police and other enforcement, so you can maybe get some sleep," Miller said.
Miller also spoke from personal experience about enforcement.
"I've had cops yell at me and tell me at like 3 o'clock in the morning, while it's snowing outside, and I've been curled up next to a wall, just, you know, trying to stay warm, trying to get just enough sleep," Miller said.
She said the consequences of encampment sweeps can set people back significantly.
"It sets you back easily months, months at a time," Miller said. "You can be set back just by having one sweep."
On the prospect of fines, Miller said many unhoused people would have no choice but to accept jail time.
"Majority of us would, I would myself at that rate, turn myself in. I would just go straight and be like, 'Look, I cannot pay this fine. You're going to have to jail me,'" Miller said.
Miller argued that cities must invest in real solutions rather than enforcement.
"If they really are going to enforce this camping ban, then they need to step up and either A, open more shelter space or B, start working on some form of housing options, because houselessness is growing," Miller said.
"There's just nowhere near enough money being spent on actual resources for houseless people to get off the streets," she added.
The City of Boulder declined an interview request but provided a statement.
"The City of Boulder appreciates the Court of Appeals' decision, which affirms the city's authority to enforce its camping and tent laws to protect public health, safety and access to public spaces," the statement read. "Homelessness remains a serious and complex issue, and the city will continue working with service providers and regional partners to connect people with shelter, housing pathways and support. Boulder's approach will continue to balance compassion for individuals experiencing homelessness with accountability for maintaining shared public spaces."
Miller said it remains unclear what legal options advocates will pursue next.
"I say overturn the camping ban," Miller said. "It's just literally cruel, but you know, if they're going to, then they need to open spaces for people to go."
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