BOULDER, Colo.—Boulder prosecutors won’t prosecute one of three homeless men charged with camping in a public place without a permit because the man was on private property.
Donald Jackson, ticketed last year, was scheduled to go to trial Monday.
Decisions are pending in the cases of David Madison and Mark Wray. The judge is considering written arguments from the defense and prosecution.
The homeless men unsuccessfully argued in municipal court that their tickets violate the constitutional prohibition against cruel and unusual punishment. They expect to appeal the constitutional issue to a higher court.
The city outlaws sleeping overnight in public places, including in parks or under bridges, without written permission from the city manager. The penalty is a $100 fine or up to 12 hours of community service.
