Pikes Peak Justice and Peace Commission v. City of Colorado Springs

In reaction to reports that some panhandlers in downtown Colorado Springs were intimidating and harassing pedestrians, the City enacted an ordinance that establishes a “Downtown No-Solicitation Zone” that applies in a twelve-city-block area that includes a city park and the central business and shopping district of downtown Colorado Springs.

The expansive definition of “solicitation” in the new ordinance banishes a substantial amount of peaceful, non-intrusive, and constitutionally-protected expression. Nonprofit organizations are forbidden to ask passersby for donations. Street musicians violate the ordinance by playing music while silently soliciting tips with a hat or open guitar case. Needy persons violate the ordinance by silently holding a sign that reads: “please help.” Hawking newspapers violates the ordinance, which also forbids the Salvation Army to deploy the familiar bell-ringers in Santa costumes.

Shortly after the ordinance was enacted, the ACLU filed a complaint in federal district court seeking an order permanently enjoining enforcement of the ordinance. Plaintiffs include several non-profits that seek donations in the downtown area; a street musician who plays music for tips in the downtown area; a needy person who requests assistance from passersby in the downtown area; and two Colorado Springs residents who want to receive requests for assistance from poor persons, non-profits and street musicians while in downtown Colorado Springs.

After an evidentiary hearing, the court ruled that the no-solicitation zone violated the First Amendment. In an oral ruling, it issued a preliminary injunction. Colorado Springs then repealed the ordinance establishing the "no solicitation" zone.

• "ACLU files lawsuit challenging Colorado Springs no-solicitation zone," ACLU News Release, Novemer 28, 2012
• "ACLU of Colorado legal action against Colorado Springs continues; judge will issue ruling on First Amendment "no solicitation zone" case next Tuesday," ACLU News Release, December 14, 2012
• "ACLU of Colorado wins first round in First Amendment lawsuit against Colorado Springs; City "no solicitation zone" found to be "likely" unconstitutional," ACLU News Release, December 19, 2012
• "Colorado Springs City Council decides to repeal panhandling ban," ACLU News Release, March 12, 2013

• “Panhandling proposal draws civil rights concerns,” Colorado Springs Gazette, August 27, 2012
• “Colorado Springs bans panhandling, other street solicitations,” The Denver Post, November 13, 2012
• “Council outlaws panhandling, solicitation downtown,” Colorado Springs Gazette, November 14, 2012
• “Springs bans solicitation in downtown zone,” Colorado Springs Gazette, November 27, 2012
• “ACLU to challenge new panhandling ban,” Colorado Springs Gazette, November 28, 2012
• “City's planned panhandling ban remains in effect, for now,” Colorado Springs Gazette, November 30, 2012
• “Mayor Bach to testify in federal court on panhandling ban lawsuit,” Colorado Springs Gazette, December 12, 2012
• “Judge delays ruling on city panhandling ban,” Colorado Springs Gazette, December 13, 2012
• “Bans on panhandling are a step too far,” Editorial, The Denver Post, December 20, 2012
• “20-foot rule stands in panhandling ordinance, judge says,” Colorado Springs Gazette, February 8, 2013
• “Panhandling law not dead, yet,” Colorado Springs Gazette, February 16, 2013
• “Colorado Springs media hands city an unwarranted panhandling ‘win,’” Colorado Springs Independent, February 20, 2013

2012-24