A homeless resident in Denver is trying again to fight against the city’s camping ban.

A ballot measure that would have allowed camping in public property around Denver was defeated by a nearly 5-1 margin in May.

Advocacy group Denver Homeless Out Loud had fought to put the question on the ballot, and one of its members is turning the matter over to the courts, according to a motion filed by his attorney Tuesday.

The motion was submitted by Andrew McNulty on behalf of Jerry Burton, who was cited for violating the law in April. The motion argues that the law targets the homeless and puts them at risk, which violates the equal protection clause, as well as the substantive due process clause.

The camping ban forces homeless people to sleep outside and move regularly to avoid police, which puts them at risk for safety issues, weather-related illnesses and sleep disruption, argues the motion. The threat of police action also violates their right to privacy, it states.

McNulty also cites the city’s lack of affordable housing and shelters as the reason for what he calls the “homeless crisis” in Denver.

“Ultimately, homelessness is not a choice in Denver,” the motion states.

The Denver County court will now evaluate whether the camping ban violates the rights of the homeless and rule on the validity of the law.