(CBS) — A federal judge’s ruling this afternoon has cleared the way for the city of Chicago to evict about 75 homeless persons from tents under two Lake Shore Drive viaducts in Uptown so that roadwork can begin Monday.

A judge has decided that the “Constitution does not give (courts) the authority to address every social and humanitarian issue – no matter how important.”

That means allowing several dozen homeless persons to remain in 45 tents in the Wilson and Lawrence viaducts of the Drive is not an option.

Alan Mills is one of the attorneys representing the homeless and their advocates.

“I think what the judge has reaffirmed today is the old saying, ‘The law and its magistery can prohibit both rich and poor from sleeping under bridges.’ In this case, literally, that was what was done.”

Evictions can begin and construction on Lake Shore Drive can begin Monday, as scheduled.

A spokesperson for the city of Chicago Law Department says the city is pleased with the ruling.

The city had promised to find space at shelters for any homeless persons who wanted to go to one.

Advocates for the homeless say many do not like the shelters — some because they say they feel unsafe, others because of certain shelters’ religious bent.