BOISE, Idaho (AP) — The city of Boise, Idaho, is asking the U.S. Supreme Court to review a 9th U.S. Circuit Court of Appeals decision rejecting the city’s ban on people sleeping in public places.

The city filed documents Thursday seeking the review after the lower court in September sided with six homeless people from Boise who sued the city in 2009 over the local ordinance.

The lower court said cities can’t prosecute people for sleeping on the streets if they have nowhere else to go because it amounts to cruel and unusual punishment, which is unconstitutional.

Boise officials contend the decision means cities can’t prevent anyone from camping until they first provide enough shelter beds, exempting public encampments from public health and safety laws.