ALBUQUERQUE, N.M. – The New Mexico Supreme Court has ruled that a lawsuit filed by homeless residents against the City of Albuquerque can move forward, rejecting the city’s attempt to have the case dismissed.
The lawsuit challenges the city’s enforcement of public camping bans and property removal policies, arguing that these actions violate constitutional rights. Plaintiffs claim the city’s approach effectively criminalizes homelessness and punishes individuals who have no other place to go.
City officials maintain that the policies are legal and necessary to manage encampments and maintain public safety. They argue that enforcement is aimed at balancing the needs of the broader community while addressing complex issues surrounding homelessness.
With the Supreme Court’s decision, the case is now set for trial in October 2026. The outcome could have significant implications for how municipalities across New Mexico—and potentially beyond—approach homelessness and public space regulation.
