Federal lawsuit targets Boulder City camping ban

BOULDER CITY — Back in late May, when the city council met to discuss a proposed ordinance outlawing camping in public places in Boulder City, a small group showed up to decry the move in public comment.

One of those speakers, Susan Reams, has upped the ante and filed a federal lawsuit alleging the law, which took effect in June, violates her rights under the Constitution’s First and 14th Amendments.

Reams is suing the city and City Manager Ned Thomas and asking for an injunction to stop enforcement of the law and order a town hall meeting to discuss solutions to the issue of homeless individuals camping in public places. She is also seeking compensatory and punitive damages for emotional distress and attorney fees if an attorney is appointed or retained.

Reams said she plans to argue the case herself despite having no legal background or experience in federal court.

“The ban criminalizes existence,” Reams said in a document attached to the lawsuit. “It penalizes people not for what they’ve done, but for the mere fact that they have nowhere else to go. In a city that lacks sufficient shelter beds, mental health support, affordable housing, and accessible services, this policy does nothing to alleviate homelessness — it only hides it. And hiding suffering does not make it disappear; it only deepens the wound.”

While Reams argues the ban “violates basic principles of human dignity,” the issue is personal for her.

“I am unhoused, that is why this is so important to me,” she said in response to an emailed question about her current housing status. “I’m currently on waiting lists for assistance and Boulder City Council doesn’t realize that there are no resources.” Reams also claimed she had been turned away when seeking help at Boulder City Emergency Aid.

In her suit, as well as in her previous public comments, Reams cites the case of Martin v. Boise under which the Ninth Circuit Court of Appeals ruled that municipalities cannot punish people for sleeping outside on public property when no shelter is available.

“Boulder City falls within the jurisdiction of this ruling, and the enforcement of this ban may expose the city to legal liability,” she claimed.

However, the U.S. Supreme Court overturned the Boise decision as well as a similar ruling involving the city of Grants Pass, Oregon, more than a year ago. Following that action, jurisdictions across the region began enacting bans similar to the one passed in Boulder City.

A spokesperson said the city had not been served with a suit but issued a statement that said: “It is important to note that in adopting the no-camping ban ordinance, modeled off of similar ordinances in Clark County, Las Vegas, Reno, Sparks, Henderson, the city council gave careful consideration to the needs of the unhoused population, the safety and health of all residents, and the long-term well-being of our public spaces.”

Different approach in challenge

The 2018 Ninth Circuit decision that resulted in a more than decade-long impediment to cities enforcing bans on homeless encampments was rooted in the Eighth Amendment’s ban on cruel and unusual punishment and was argued by the American Civil Liberties Union. Reams say she is taking a different tack.

“I plan on emphasis on the 14th amendment,” she said. “I will claim that the No Camping Ban is facially discriminatory and fundamentally unjust. The No Camping Ban punishes poverty instead of addressing it and turns survival into a crime for those with no where else to go.”

The suit also alleges that Reams’ rights under the First Amendment were violated because city officials, with Thomas named specifically, exhibited “deliberate indifference” to written requests and proposals and did not attend an event she organized in June called the Fathers Day Kindness Walk. According to the suit, Thomas told Reams that there are no current plans to revisit the camping issue.

The issue of homelessness in Boulder City has long been a concern. The city has no resources for sheltering homeless individuals and, in the same meeting where the ban was passed, Police Chief Tim Shea said that homeless people had reported to BCPD officers that they had been told by Metropolitan Police Department officers to go to Boulder City if they did not want to deal with being “hassled” by law enforcement. “So that’s happening,” he said to the council.

City officials point to steps taken over the past several years to address the growing issue of homelessness.

“The city is committed to compassionately supporting those experiencing homelessness and this ordinance is one part of a broader strategy that includes access to shelter, supportive services, and long-term housing solutions,” a spokesperson said in an emailed statement.

“As an example, Boulder City, over the past two years, has partnered with Boulder City Hospital by providing $100,000 per year (a $400,000 overall commitment) to fund the Community Resource Liaison position. Her efforts have helped those struggling financially remain in their homes. In recent weeks, she was able to connect four unhoused men in Boulder City with their out-of-town relatives, where they were able to reunite and obtain safe shelter and wraparound services. We also appreciate our partnership with Clark County, as they provide shelter for those who accept assistance.”

Reams frames it as a moral issue.

“This ban is not a policy,” she said. “It is a failure of compassion. And we can do better.”