By Dominic Garcia

DENVER (CBS4) – If Jerry Burton has his way, Denver’s camping ban will be declared unconstitutional. Burton was given a ticket for sleeping outside in April and has decided to fight the citation.

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

Jerry Burton (credit: CBS)

He and his lawyer, Andy McNulty, have been making their case before a judge saying the city’s shelters are inadequate, and the law unfairly targets the homeless.

“They trying to sweep us out of the city. Sweep us out of the downtown area,” Burton told CBS4.

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

Denver’s camping ban has been around since 2012. Recently there was an initiative to overturn the ban, but 81% of Denver voters voted against it. Burton’s hope is the judge hearing his case deems the law unconstitutional. Burton says the city’s homeless are just trying to survive, and that doesn’t make them criminals.

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

“When you’re out here, whether you put up a tent, whether you use a sleeping bag, whether you use a tarp, or all of these things in conjunction with each other, that is not camping. That is being smart,” said Burton.

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

A homeless man in Denver sues the city after he was given a ticket for sleeping outside. (credit: CBS)

Several more hearings are scheduled on the matter. CBS4 reached out to Mayor Michael Hancock’s office for comment several times, but our calls were not returned. Burton says if he loses his case, he still plans to fight the ban.

“I’m going to continue to fight regardless. Even if we do not win, when the judge decides, we will appeal it”.

Dominic Garcia

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