West Covina is joining with other California cities looking to help reverse a controversial court decision which prevents police from telling homeless people with no access to alternative shelter to move along.

The U.S. 9th Circuit Court of Appeals’ September decision in Martin v. City of Boise ruled that cities are not allowed to force homeless people off of the streets if they have nowhere to go but a city sidewalk, park or other public space. The decision is binding within the 9th Circuit, which covers the Western United States.

Boise is asking the U.S. Supreme Court to hear the case and potentially issue a revised decision.

The West Covina City Council voted 4-0, with Mayor Pro Tem Tony Wu absent, in closed session May 21 to authorize City Attorney Scott Porter to file a “friend of the court” brief in support of Boise’s petition.

Porter said many other California cities, supported by the League of California Cities, are taking similar stances but have not authorized disclosure of the positions they’ve taken. West Covina is the only one he knows whose stance is on the record.

Cities such as West Covina, Covina and Whittier have singled out the ruling for hampering local law enforcement’s ability to address their growing homeless populations.

West Covina’s homeless population has increased significantly in the past three years, according to data gathered during the Los Angeles Homeless Services Authority’s annual homeless count. The numbers rose from 48 people in 2016 to 158 in 2017 to 277 in 2018, although Assistant City Manager Nikole Bresciani has said the 2017 number ought to have been higher because several areas of the city went uncounted.

The numbers from 2019’s count are expected to be released next week.

At a September meeting with residents, West Covina police Lt. Ken Plunkett assured residents that officers do what they can to both detect and discourage crime, but he said that being homeless in itself is not a crime.

“We can’t violate people’s human rights,” Plunkett said at a the meeting. “We can only deal with criminal activity.”

Former police chief Marc Taylor has said on several occasions that, as a result of both legislation and court decisions, police could no longer handle the homeless as they once did. As recent as April 2018, the West Covina City Council approved fines for anyone who camped overnight in parks and public areas.

Nonetheless, West Covina residents remain frustrated by what they see as inaction on homelessness by lawmakers and have organized as a group to help spur action in the city.

“What is it going to take for the governor to take charge of this filthy homeless problem,” Sue Augino, one of the group’s organizers, wrote in a post on the group’s Facebook page Thursday. “Do we have to wait until there is a full blown plague?”