The newly adopted ordinance amends Boise’s municipal code to reflect provisions in the Galloway Law. Under these changes, individuals found sleeping or camping in public spaces—including sidewalks, parks, and other city-owned properties—can be cited, regardless of whether there are available shelter beds. This diverges from previous legal precedents, including the landmark Martin v. Boise case, which held that criminalizing homelessness when no shelter is available violates the Eighth Amendment.
Boise officials, however, argue that the Galloway Law introduces a nuanced legal workaround. Rather than criminal charges, infractions carry minor civil penalties, which city leaders believe places them in legal compliance while addressing community concerns over public safety and sanitation.
“This ordinance ensures we are complying with state law while trying to preserve the dignity of all Boiseans,” said Council President Holli Woodings. “It’s not a perfect solution, but it gives us a framework to move forward responsibly.”
Supporters of the ordinance claim it restores authority to cities and deters long-term encampments that disrupt public spaces. They argue it is a measured response that includes due process and avoids jail time. Critics, however, say the ordinance criminalizes poverty under a new label and may face legal challenges of its own.
“This is a thinly veiled attempt to sidestep constitutional protections,” said ACLU of Idaho Legal Director Ritchie Eppink. “No one should be fined for having nowhere to sleep.”
Boise’s legal counsel has emphasized that enforcement will be carried out “with compassion,” focusing on voluntary compliance and outreach efforts before issuing citations. Nevertheless, civil rights groups and homelessness advocates are preparing to monitor the implementation closely and may pursue litigation if they believe the law is applied unjustly.
