ACLU challenges Boulder's no-camping ordinance

The American Civil Liberties Union filed a challenge to Boulder's no-camping ordinance today, and one of the attorneys said the outcome could have implications for a similar ordinance enacted in Colorado Springs earlier this year to help eradicate homeless tent camps.

"They're fairly similarly worded ordinances," said Mark Walta, a private-practice attorney who works with the ACLU. "There might be distinctions between them, but certainly, if you have a district court judge in Boulder striking down the ordinance on constitutional grounds, I suspect your city attorney would take a fairly good look at the ordinance down there to see whether it passes constitutional muster in light of the district court ruling."

The Boulder case centers on the prosecution of David Madison, who was charged with violating the city's no-camping ordinance when he slept outside in a sleeping bag last November. It was 11 degrees outside, and he tried to get into a shelter, but there was no room.

"In Boulder, it's not against the law to sleep outside; it's against the law to sleep outside with shelter, and Boulder law defines that as anything but your clothing," said Mark Silverstein, ACLU legal director. "It was a sleeping bag that transformed our client from being a law-abiding citizen into a criminal. It highlights the absurdity and cruelty of an ordinance like this."

Colorado Springs' ordinance prohibits camping on public property, and one litmus test for determining whether someone is camping is "occupying a shelter out-of-doors," which would include a tent, shack, sleeping bag or other structure or material.

There's one big distinction between what has happened in Boulder and Colorado Springs, however: The ACLU says more than 1,600 tickets have been issued for violations of the ordinance, while no one has been ticketed or prosecuted in Colorado Springs. That's one reason there's been no immediate challenge to the Colorado Springs law, Silverstein said.

"I would say, quite frankly, that Colorado Springs' approach has been much more enlightened than Boulder's has," Walta said. "My understanding is that police has detailed a couple of officers on the HOT team to deal with homeless folks, which is pretty forward-thinking."

Another reason, according to Walta, is that Boulder has limited bed space at its shelter, which is why Madison was forced to sleep outside. It was an issue that came up when the Colorado Springs City Council was debating the no-camping ordinance earlier this year. The council wanted to make sure there would be enough places to shelter the 500 or so homeless campers in the city. Bob Holmes, executive director of Homeward Pikes Peak, assured them that, between the Salvation Army's New Hope shelter and other programs, the city had enough beds.

"When the homeless shelters are closed or full, it's very unfair to impose fines and jail sentences on folks who have no choice but to sleep outdoors," Silverstein said.

Colorado Springs no-camping ordinance:

ORDINANCE 10-10: CAMPING ON PUBLIC PROPERTY PROHIBITED

ORDINANCE 10-10
CAMPING ON PUBLIC PROPERTY PROHIBITED

Disclaimer:
This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail.

Passed 02/23/10

Effective 03/04/10

Sent to Codifier 03/10/10

CITY ATTY'S OFFICE

DATE _____/_____/_____

ORDINANCE NO. 10-10

AN ORDINANCE CREATING A NEW SECTION 109 (CAMPING ON PUBLIC PROPERTY PROHIBITED) OF PART 1 (GENERAL OFFENSES) OF ARTICLE 6 (OFFENSES AFFECTING PROPERTY) OF CHAPTER 9 (PUBLIC OFFENSES) OF THE CODE OF THE CITY OF COLORADO SPRINGS 2001, AS AMENDED, PERTAINING TO CAMPING RESTRICTIONS ON PUBLIC PROPERTY

WHEREAS, the City of Colorado Springs owns and manages significant real property assets for the benefit of the City and the public; and

WHEREAS, the City of Colorado Springs is committed to ensuring that these real property assets do not become public health, safety and sanitation risks to the public or to the operation and maintenance of the public property; and

WHEREAS, the City of Colorado Springs has experienced an increase in unauthorized use of public parks and public properties for camping which has increased public health, safety and sanitation risks to the public, to authorized public users of the properties and to City employees responsible for management and operation of the properties; and

WHEREAS, this ordinance is necessary to preserve and protect the real property assets of the City that are subjected to public health, safety and sanitation risks.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLORADO SPRINGS:

     Section 1. That a new Section 109 (Camping on Public Property Prohibited) of Part 1 (General Offenses) of Article 6 (Offenses Affecting Property) of Chapter 9 (Public Offenses) of the Code of the City of Colorado Springs 2001, as amended, is hereby created to read as follows:

9.6.109: CAMPING ON PUBLIC PROPERTY PROHIBITED:

A.     It is unlawful for any person to camp on any public property, except as may be specifically authorized by the appropriate governmental authority.

B.     For purposes of this section camp or camping means to use the public area for living accommodation including, but not limited to, the activities and circumstances listed below. These activities and circumstances may be considered in determining whether reasonable grounds for belief have arisen that a person has camped or is camping in violation of this ordinance.

1.     Sleeping or making preparations to sleep, including the lying down of bedding for the purpose of sleeping.

2.     Occupying a shelter out-of-doors. Shelter shall mean any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material.

3.      The presence or use of a camp fire, camp stove or other heating source or cooking device.

4.     Keeping or storing personal property.

Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by Charter.

     Section 3. Council deems it appropriate that this ordinance be published by title and summary prepared by the City Clerk and that this ordinance shall be available for inspection and acquisition in the office of the City Clerk.

     Introduced, read, passed on first reading and ordered published this 9th day of February, 2010.

     MAYOR

CITY CLERK