WASHINGTON (AP) — The Supreme Court will not review an appellate decision that makes it harder for cities to keep homeless people from sleeping on the streets.

The justices on Monday did not comment as they left in place a ruling that struck down a Boise, Idaho, ordinance. The ruling by the 9th U.S. Circuit Court of Appeals applies across several Western states where cities are struggling with homelessness brought on by rising housing costs and income inequality. Many have similar restrictions that aim to keep homeless people from sleeping on their streets.

The appeals court held that Boise could not make it a crime for homeless people to sleep on the streets when no alternative shelter is available. The decision the justices refused to review found that the Boise ordinance violated the constitutional ban on “cruel and unusual punishment.”