Boulder can keep ticketing and jailing people for sleeping outside, at least for now. A Colorado Court of Appeals panel on Thursday upheld the city's ban on camping and sleeping on public property, turning aside a constitutional challenge that said the rules amount to cruel and unusual punishment under state law. The three-judge panel ruled that the ordinances target conduct - pitching a tent, sleeping with a blanket or otherwise sheltering outdoors - not the status of being unhoused, leaving the city's tent and blanket bans in place while advocates decide whether to take the fight to a higher court.
The opinion, issued May 14, 2026, was written by Judge W. Eric Kuhn, who concluded that, "no matter how sympathetic their plight, these circumstances alone don't create new state constitutional rights," according to Courthouse News. The appeal was brought by Feet Forward and a group of unhoused residents and taxpayers challenging two Boulder ordinances widely known as the "Blanket Ban" and the "Tent Ban." The panel - Judges Kuhn, Terry Fox and Grant Sullivan - also found "no substantive differences" between Colorado's protection against cruel and unusual punishment and the federal Eighth Amendment.
How The Supreme Court Shaped The Ruling
The Colorado judges leaned heavily on the U.S. Supreme Court's 2024 decision in City of Grants Pass v. Johnson, which held that enforcing anti-camping ordinances does not automatically violate the Eighth Amendment, according to Justia. That 6-3 ruling, written by Justice Neil Gorsuch, stressed that the Eighth Amendment mainly limits the type and method of punishment, rather than sweeping away laws that regulate conduct closely tied to a person's status.
City Officials And Plaintiffs Respond
Plaintiffs' attorney Andy McNulty called the decision "disappointing" and told Law360 his clients are likely to ask the Colorado Supreme Court to weigh in. He also told reporters that Boulder operates only one shelter with roughly 150 beds and that people are often turned away, a reality he argues undercuts the legitimacy of enforcement on the street.
In an emailed statement, city spokesperson Sarah Huntley said Boulder "appreciates the Court of Appeals' decision" and will keep trying "to balance compassion for individuals experiencing homelessness with accountability for maintaining shared public spaces." That balancing act, long a political flashpoint in Boulder, now has appellate backing.
Penalties And How The Ban Is Enforced
The ordinances carry maximum penalties of up to $2,650 in fines and as much as 90 days in jail. On this record, those sanctions do not "terrorize, disgrace, or cause pain" in the way the Colorado Constitution forbids, the panel concluded, according to Courthouse News. Enforcement remains in the hands of local police and code officers, while city leaders say they work with service providers and regional partners to connect people with shelter and housing options, as reported by Colorado Politics.
Background And What Comes Next
The case started in May 2022 when Feet Forward and several individual plaintiffs sued the city, and the ACLU of Colorado later joined, arguing that the Blanket Ban violates Article II, Section 20 of the Colorado Constitution, according to the ACLU of Colorado. After a December 2024 district court ruling and the U.S. Supreme Court's Grants Pass decision, the plaintiffs took their challenge to the Colorado Court of Appeals, and McNulty says they are ready to push the issue to the state's high court.
For now, Boulder officials can continue enforcing the tent and blanket bans, but advocates warn that staying the course without expanding shelter capacity will keep the legal fight alive. Expect the case to climb toward higher courts and for local debates over enforcement, shelter funding and long-term alternatives to heat up in the months ahead.
