Homeless in Idaho seek shelter in the law

Seven homeless people from Boise, Idaho, are suing the city and municipal police department, claiming that laws restricting camping in public spaces are unconstitutional and represent an example of cruel and unusual punishment.

With Boise homeless shelters already overpopulated, the lawsuit says that of the 2,000 to 4,500 homeless in the city, only about 700 will be able to find a shelter bed, giving the others little choice but to violate a city ordinance against sleeping in public areas, the Associated Press reports.

The suit pointedly alleges that the city ordinances amount to a criminalization of homelessness.

"Boise police officers routinely issue camping citations to homeless residents for sleeping, sitting, or talking with friends in public places - activities non-homeless residents have the freedom to engage in without fear of police interference," the suit says.

One plaintiff spent 100 days in jail in 2007 after receiving a camping citation, and lost his tent, stove and fishing equipment as a result of the arrest.

According to the AP, homeless men and women are filing similar lawsuits in areas of Florida, Oregon and Texas.

Data from the U.S. Conference of Mayors attested that 12 of 23 cities surveyed in 2007 reported the need to turn people away from homeless shelters because of constraints on capacity.