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The Supreme Court said on Monday that it would not hear a closely watched case on whether cities can make it a crime for homeless people to sleep outdoors. The case was brought by six people in Boise, Idaho, who said a pair of local laws violated the Eighth Amendment’s prohibition of cruel and unusual punishment. One prohibited “camping” in streets, parks and other public property. The other prohibited “lodging or sleeping” in any place, whether public or private, without the owner’s permission. (Liptak, 12/16)

The justices on Monday did not comment as they left in place a ruling that struck down a Boise, Idaho, 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. Many have similar restrictions that aim to keep homeless people from sleeping on their streets. 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. The decision the justices refused to review found that the Boise ordinance violated the constitutional ban on “cruel and unusual punishment.” (12/16)

Advocates for people who are homeless considered the decision a victory as news came down. Theane Evangelis, Boise’s lead counsel on the case, disagreed, saying in a statement that “the 9th Circuit’s decision ultimately harms the very people it purports to protect.” (Harding, 12/16)

The ruling, which applies in nine Western states, prompted an outpouring of calls for Supreme Court intervention from cities, states and local business associations. Los Angeles, which has 36,000 homeless people, said the decision “raises daunting practical issues” for large cities. (Stohr, 12/16)