ACLU Demands 31 Colorado Cities Repeal Unconstitutional Anti-Panhandling Laws

The ACLU of Colorado sent individualized letters to 31 municipalities with varied bans on panhandling, all of which were facially unconstitutional in light of recent court decisions.

In 2018, the ACLU of Colorado participated in a "Day of Letters" organized by the National Law Center on Homeless & Poverty (NLCHP) (later renamed National Homelessness Law Center). Advocates in a dozen states sent letters demanding that more than 200 cities repeal panhandling bans and redirect resources to housing and other support for people experiencing homelessness.

In Colorado, individualized letters were sent challenging ordinances in Aguilar, Alma, Berthoud, Blue River, Brush, Central City, Columbine Valley, Commerce City, De Beque, Del Norte, Estes Park, Fairplay, Frederick, Garden City, Granby, Idaho Springs, Julesburg, La Jara, Mancos, New Castle, Ouray, Palisade, Paonia, Pierce, Rangley, Timnath, Victor, Wellington, Windsor, Wray and Yuma.

An ACLU of Colorado letter campaign in 2016 prompted 34 Colorado cities to halt enforcement and repeal ordinances that made it a crime to "loiter for the purpose of begging." The 2018 letters addressed several flavors of unconstitutional of anti-panhandling laws, including ordinances that duplicated provisions found unconstitutional in earlier ACLU of Colorado litigation challenging ordinances in Grand Junction and Fort Collins.

The cities receiving the ACLU letters agreed to stop enforcement. Most repealed the challenged ordinances, while some amended the challenged ordinance and retained only provisions to which the ACLU did not object.

"Nationwide Effort Calls for Housing, Not Handcuffs," National Law Center on Homelessness & Poverty, August 28, 2018

“Brush panhandling prohibition being repealed,” Fort Morgan Times, October 26, 2018

“Brush Council could repeal law prohibiting panhandling,” Fort Morgan Times, October 15, 2018

“Civil rights advocacy group deems Granby anti-panhandling law ‘unconstitutional,’” Sky-Hi News, September 4, 2018

“The Home Front: Colorado’s ACLU is ‘demanding 31 towns and cities across the state repeal ordinances restricting panhandling,’” Colorado Independent, August 29, 2018

“ACLU warns Colorado towns that still have panhandling laws,” Grand Junction Sentinel, August 29, 2018

“ACLU Blasts 31 Colorado Cities for Cracking Down on Panhandling,” Westword, August 29, 2018

“ACLU demands 31 Colorado cities repeal anti-panhandling laws,” Durango Herald, August 29, 2018

“ACLU warns Frederick officials that panhandling ordinance won’t withstand a lawsuit,” Longmont Times-Call, August 29, 2018

“ACLU sends letters to 31 Colorado cities, demanding repeal of anti-panhandling laws,” The Denver Post, August 28, 2018

“ACLU demands repeal of anti-panhandling laws in Berthoud, Estes Park, Timnath, Wellington and Windsor,” Fort Collins Coloradoan, August 28, 2018

“ACLU challenges Berthoud, Estes, other panhandling bans,” Loveland Reporter-Herald, August 28, 2018