Colorado’s U.S. District Court dismissed a lawsuit filed by James Holmes Sr., a homeless father in Lafayette who claimed the city should be required to provide indoor shelter for him and his teenage son.
Magistrate judge Susan Prose dismissed the case because Holmes did not file an amended complaint in a timely manner and “failed to communicate with the court in any way since Nov. 14, 2023,” according to the court order. The case was dismissed without prejudice, which means that Holmes can refile the case at a later time.
The case was dismissed on April 9, about two weeks before the Supreme Court heard oral arguments in a case known as Johnson v. Grants Pass, which could determine whether cities can punish people who are homeless with arrest, fines, and fees when no shelter options exist. The case could overturn a precedent called Martin v. Boise from the 9th Circuit Court which prevents cities in seven Western states, including Oregon, Idaho and California, from punishing people for sleeping outside. The high court heard arguments on April 22 and a court transcript shows conservative-leaning justices Clarence Thomas, Samuel Alito and Neil Gorsuch seemed amenable to throwing out the Martin precedent.
In the original lawsuit, which Holmes filed without the help of an attorney in June 2023, he argued that Lafayette ordinances preventing him and his now 18-year-old son from sleeping outside when the city has no shelter available violate his right to privacy, to be free from self incrimination, and protections against cruel and unusual punishment.
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Similar claims have been successfully made against ordinances that prevent public camping in Denver. Another lawsuit targeting public camping ordinances in Boulder was paused as the Boulder County District Court awaits a ruling on Johnson v. Grants Pass from the Supreme Court, the Boulder Reporting Lab reported.
For Holmes, continuing the fight to secure indoor shelter seems untenable.
Since The Sun first published details about his lawsuit, Holmes said Lafayette police have taken his belongings on multiple occasions and library staff asked him to leave the property, which basically prevents him from working on his case. At the time the case was filed, Holmes was homeschooling his son in the library until he could pass his GED test and join the military. Holmes said his son passed the test earlier this year, but is now living with his mother in Waynesville, Missouri.
Holmes still is sleeping in his vehicle, he said. The stress of constantly being contacted by the police has caused health issues for him, he said.
“I will either die or get me and my son justice. It’s that simple,” Holmes said.