Sitting innocently on a planter that appears designed for that purpose is not a threat to public safety. It is an absurd government overreach to make it a crime worthy of a $2500 fine and six months in jail to sit, kneel, or lie down in a public place. This ordinance is clearly being proposed to give police another tool of selective enforcement to target, harass, and displace people who are homeless or living in poverty. Public spaces are more than just right-of-ways for shoppers and consumers. Courts have long recognized the importance of public streets and sidewalks as forums for free speech and peaceable assembly, and this ordinance would infringe on those fundamental rights. Rather than spending taxpayer dollars to criminalize peaceful conduct, Mayor Suthers and the Colorado Springs City Council should focus their attention on addressing the root causes of poverty and homelessness and on fixing well-established problems of racial bias and use of force in the police department.Councilors, led by Keith King and Tom Strand, said they'd put off a decision until late November. But now, they're stirring the pot again. The "community discussion" will take place at 6 p.m. Tuesday at City Hall, 107 N. Nevada Ave.
Federal District Court Judge Christine Arguello issued a 39-page decision yesterday striking down Grand Junction’s panhandling ordinance, ruling that it violates the First Amendment rights of persons who wish to solicit charity in public places.
Wednesday’s ruling expands on an earlier order in the case, issued in June, which held that the ordinance regulated speech on the basis of its content. That ruling required Grand Junction to meet the strictest standard of judicial scrutiny. In Wednesday’s decision, the Court explained that Grand Junction had failed to justify its regulation of expression.
“The ruling striking down Grand Junction’s panhandling ordinance will have ramifications throughout Colorado,” said Mark Silverstein, ACLU of Colorado Legal Director. “The reasoning of this decision, along with Supreme Court rulings earlier in the summer, signify that almost every panhandling ordinance in Colorado must be repealed or seriously amended.”
The ACLU of Colorado has initiated discussions with city attorneys in Denver and Colorado Springs about the need for repeal or for major revisions of their panhandling regulations. Police in Colorado Springs were recently ordered to stop enforcing most provisions of the city’s two panhandling ordinances.
Grand Junction adopted its ordinance in the spring of 2014, and the ACLU of Colorado filed its legal challenge before the ordinance went into effect. The challenged provisions made it a crime to ask for charity after sunset or within 20 feet of an ATM or a bus stop. Other challenged provisions prohibited asking for donations from people standing in line or seated at an outdoor café. The Court ruled that Grand Junction had failed to support its contention that the regulations were necessary to protect public safety.
Dozens of Colorado cities enforce similar regulations that prohibit asking for charity in certain public locations, at certain times, or in specified situations. The ACLU of Colorado encourages all Colorado city attorneys to immediately review the Grand Junction ruling and consider whether their panhandling ordinances must be repealed or amended.
“The ACLU does not object to carefully tailored regulations that target coercive, threatening, or menacing solicitations that actually invade the rights of others,” Silverstein said. “But we oppose, and the First Amendment prohibits, broad regulations that outlaw peaceful, polite, and nonthreatening requests for assistance.”
View the court decision: http://static.aclu-co.org/wp-content/uploads/2014/03/Browne-v.-Grand-Junction.Order-on-cross-motions-for-s-j.09-30-15.pdf
Visit the ACLU case page: http://aclu-co.org/court-cases/3757-2/
Visit the Criminalization of Homelessness Campaign Page: http://aclu-co.org/campaigns/criminalization-homelessness/