Colorado court reconsiders Boulder's homeless tent ban case
Colorado Appeals Court reexamines Boulder's homeless tent ban constitutionality.
Why it matters: Boulder's case could impact similar regulations across 5 Colorado cities, setting new statewide legal precedents.
- Boulder District Court upheld the bans in December 2024.
- Case heard by Colorado Appeals Court on October 10, 2025.
- Plaintiffs argue bans violate Colorado's cruel punishment laws.
- Sotomayor's dissent in Grants Pass cited in appeal arguments.
The Colorado Court of Appeals is revisiting a lawsuit regarding Boulder's bans on tents and blankets for homeless individuals, after a December 2024 decision by Judge Robert R. Gunning upheld these rules as constitutional.
Represented by the ACLU of Colorado, the plaintiffs claim the bans conflict with the state's prohibition on cruel and unusual punishment, bringing homelessness regulation into focus. Their appeal, argued on October 10, 2025, asks for a distinct state-level interpretation, invoking Justice Sonia Sotomayor's dissent in City of Grants Pass v. Johnson, which dealt with similar issues.
The Blanket Ban in Boulder imposes penalties up to $2,650 in fines or 90 days in jail, during a period when some 182 people were denied shelter between winter 2021-2022 due to inadequate facilities.
During the hearing, Judges Grant Sullivan, Terry Fox, and Eric Kuhn expressed concerns about banning survival gear like tents in extreme weather, questioning its practicality and necessity, indicating potential legal scrutiny of these regulations.
By the numbers:
- 5 cities — potentially affected in Colorado by the legal precedent.
- $2,650 — maximum fine for violating Boulder's Blanket Ban.
- 182 people — turned away from shelters during winter 2021-2022.
Yes, but: Some argue these bans are necessary for public safety and urban management.
What's next: The Colorado Court of Appeals is expected to issue a decision by early 2026.