Colorado Health Network, Inc. and Southern Colorado Harm Reduction Association v. City of Pueblo

  • Filed: 06/04/2024
  • Status: Victory!
  • Court: Pueblo County District Court
  • Latest Update: Aug 22, 2024
Placeholder image

The ACLU-CO sued the City of Pueblo to stop enforcement of a harmful new law prohibiting the operation of syringe exchange programs (SEPs) within city limits.

The ACLU of Colorado filed a lawsuit on June 4, 2024, seeking a temporary restraining order and preliminary and permanent injunction to immediately halt enforcement of a Pueblo City Council ordinance criminalizing the operation of syringe exchange programs (SEPs) in Pueblo. Despite 30 years of evidence demonstrating that SEPs reduce the spread of infectious diseases like HIV and Hepatitis C, reduce overdose deaths, reduce health care costs, and reduce the incidence of improperly discarded syringes, Pueblo enacted the ordinance on May 16, 2024, over the opposition of community members and public health experts.

The ACLU of Colorado filed the lawsuit on behalf of the Colorado Health Network (CHN) and the Southern Colorado Harm Reduction Association (SCHRA), two nonprofit organizations that have been safely operating SEPs in Pueblo under State and County authorization since 2014 and 2017, respectively. The complaint asserts that the Pueblo ordinance criminalizing the operation of SEPs is preempted by Colorado state law, which specifically authorizes and funds the SEPs.

Colorado first authorized the operation of SEPs by statute in 2010. At that time, state law required SEPs to obtain prior approval from a county or district board of health. In 2020, in order to remove the issue from political influence, the State modified the law to authorize qualified and experienced non-profits like CHN and SCHRA to operate SEPs without prior board approval.

SEPs such as those operated by Colorado Health Network and SCHRA are a powerful tool in preventing the spread of infectious diseases, including HIV and Hepatitis C. Additionally, SEPs cultivate a relationship with participants and can connect them to resources such as overdose prevention education, substance use disorder treatment providers, STI testing, and more. Evidence demonstrates that new users of SEPs are five times more likely to enter drug treatment and three times more likely to reduce and/or stop using drugs than those who don’t use the programs.

This case, as part of the ACLU of Colorado’s Campaign for Systemic Equality, is just one example of our commitment to ensuring all Coloradans have access to essential healthcare, education, and harm-prevention.

On June 6, 2024, the Pueblo District Court granted a Temporary Restraining Order, enjoining enforcement of the Pueblo ordinance. The Court consolidated the merits with the preliminary injunction request and held a final evidentiary hearing on August 13, 2024. Following that hearing, the Court ruled that the ordinance put in place by Pueblo City Council to prohibit operation of syringe exchange programs is preempted by state law. This means that syringe exchange programs can continue to be utilized, and the ordinance can no longer be enforced.




Case Number:
2024CV30274
Judge:
Judge Tayler Thomas
Attorney(s):
Timothy R. Macdonald, Sara R. Neel, Anna I. Kurtz, and Lindsey M. Floyd
Pro Bono Firm:
Christine Ranney, Al Kelly, and John Harrison of Gibson, Dunn & Crutcher LLP