The city is planning on appealing the decision.

The patch between California Street and the sidewalk where people living in homelessness have been asked to move due to upcoming work by Xcel Energy. Five Points, Sept. 18, 2019. (Kevin J. Beaty/Denverite

A Denver County Court judge on Friday ruled the city’s controversial camping ban unconstitutional, according to a release from attorneys representing homeless advocates.

Denver County Judge Johnny Barajas found the ban to be unconstitutional under the Eighth Amendment, which prohibits “cruel and unusual punishment,” and said it violates both the U.S. and Colorado constitutions. The decision was released by Attorney Andy McNulty.

The camping ban’s challenge was lodged by Jerry Burton, an advocate for people experiencing homelessness who has lived on and off the streets of Denver for a decade. McNulty is Burton’s attorney.

“I hope they see the writing on the wall and recognize that these camping bans violate the constitution and violate human decency,” McNulty told Denverite on Friday. “The answer to homelessness in Denver and Colorado is not criminalization, it is housing, it is resources, it is ensuring those most marginalized in our society have the ability and dignity to pull themselves up.”

Ryan Luby, a spokesperson for the City Attorney’s Office, issued a brief statement on Friday evening: “We disagree with the ruling and plan to appeal to District Court.”

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Denver County Court judge says the city’s urban camping ban is unconstitutional