A Multnomah County judge on Wednesday dismissed a lawsuit filed by business and neighborhood groups seeking to end Mayor Charlie Hales' policy that allows tent camping and sidewalk sleeping.

The lawsuit asked the court to stop the widespread camping that's been tolerated in Portland since Hales in February authorized a new "safe sleep policy" as a six-month experiment in the city's effort to cope with homelessness.

Judge Marilyn Litzenberger's dismissal without prejudice allows the plaintiffs to refile their case in the coming weeks. She said their amended complaint needs to make clear how Hales' policy affects them.

The list of plaintiffs includes the Portland Business Alliance, the Building Owners and Managers Association of Oregon, Central Eastside Industrial Council, the Overlook Neighborhood Association, the Pearl District Neighborhood Association and Cartlandia, a food-cart pod located along the Springwater Corridor.

Attorney Paul Conable, who represents the plaintiffs, told the judge he'd not included those details because he wanted to keep the focus on Hales' policy instead of the most vulnerable people in Portland. But his clients could offer plenty of examples to show how the policy is hurting them, he said.

The plaintiffs' complaint calls Hales' plan "impractical" and "irrational," with no chance of solving the city's homelessness crisis.

"Telling people to sleep on the streets is not humane," the complaint says. "In fact, it is the opposite of humane; as recent events have shown, the Mayor's Camping Policy has resulted in violence, unhealthy conditions, and pain and suffering for our most vulnerable residents."

Conable argued that Hales' policy is unlawful because it violates existing rules prohibiting tents and because Hales implemented the policy unilaterally without approval from City Council.

Chief Deputy City Attorney Harry Auerbach argued that Litzenberger should toss the case because the plaintiffs had raised a political question that the court had no authority to answer. The city, he said, may use discretion in enforcing laws that are on the books.

Auerbach further argued that the plaintiffs had not demonstrated how the mayor's plan had directly affected them.

"How has this policy exacerbated the problems of homelessness? That is not alleged in the complaint," he said.

Brad Schmidt of The Oregonian staff contributed to this report.

-- Emily E. Smith

esmith@oregonian.com

503-294-4032; @emilyesmith