More and more cities around Colorado are passing new laws or enforcing old ones to target, harass, and displace people living in poverty. At our encouragement, the City of Durango recently stopped enforcing a loitering ordinance that infringed on peaceful, non-threatening speech.

As reported in the Durango Herald:

Durango’s loitering law questioned by group

Musician ticketed after business owner complains

The city of Durango has stopped enforcing a loitering ordinance after the American Civil Liberties Union of Colorado argued the ordinance is unconstitutional.

Durango Police Chief James Spratlen, in an Oct. 24 memorandum, ordered officers to not arrest suspects or issue tickets for loitering. The policy change came after the ACLU of Colorado contacted city officials to raise questions about the ordinance’s legality.

The ordinance says “it shall be unlawful for any person to loiter for the purpose of begging.”

The civil-liberties organization said playing music on public sidewalks and soliciting donations is protected by the First Amendment.

“The Durango ordinance is far broader than many of the anti-panhandling regulations that courts have struck down in recent years,” Mark Silverstein, legal director for the ACLU of Colorado, said in a Oct. 8 letter to city attorney Dirk Nelson. “The ordinance prohibits peaceful, passive, nonintrusive and nonaggressive requests for assistance, and it applies on public property everywhere in the city. The ordinance is legally indefensible.”

The city of Durango quickly backed down. Spratlen ordered officers not to arrest, issue summons or give warnings based on the loitering ordinance. He said Durango city officials are studying other cities that have altered similar ordinances after court rulings. Until a new ordinance is developed, officers will have to rely on other ordinances to deal with illegal behavior, Spratlen said.

Spratlen and Nelson could not be reached for comment Tuesday.

Local codes that target homeless people are common, Silverstein said. The ACLU is battling Grand Junction in federal district court regarding an anti-solicitation ordinance.

Durango’s ordinance is similar to a now-stricken state statute that prohibited “loitering ... for the purpose of begging.” The ACLU successfully lobbied the state Legislature to repeal the law after filing a class-action lawsuit in 1996.

“There are ordinances of various varieties that seek to make it a crime to panhandle,” Silverstein said Tuesday. “They come in many flavors. This particular flavor is among the most legally vulnerable.”

The city also agreed to dismiss two pending loitering citations, city prosecutor Bill Corwin said. Both are against one defendant, Brian Harwood, 42.

A Herald reporter witnessed Harwood receiving a loitering ticket on Sept. 9. Harwood was ticketed standing in front of Francisco’s Restaurante y Cantina, 619 Main Ave., while holding a sign reading, “Democrat$ and Republican$ use the Constitution as butt wipes.”

At the time, Harwood, who is homeless, said he intended to fight the ticket.

“I know this is unconstitutional,” he said. “This is wrong.”

Corwin said downtown shopkeepers may have to get used to panhandlers.

“Especially the merchants downtown are used to being able to call DPD and say, ‘Hey, I’ve got somebody down here panhandling. Can you get rid of them?’” Corwin said.

Police can still enforce “aggressive panhandling,” he said.

Silverstein said anti-solicitation ordinances can pass muster.

“As an organization, the ACLU doesn’t object to carefully tailored ordinances that restrict coercive or intimidating or threatening forms of solicitation,” he said.

A young street musician first brought the issue to the ACLU’s attention. He was ticketed after a business owner complained, the ACLU said.

The busker was playing his guitar on the public sidewalk, with his guitar case open to solicit tips. He told the ACLU that Durango police have told him numerous times to move on.

“Peaceful and nonthreatening and nonintrusive requests for charity harm no one and are squarely protected by the First Amendment,” Silverstein said.

 

Date

Wednesday, November 12, 2014 - 12:56pm

Show featured image

Hide banner image

Tweet Text

[node:title]

Related issues

Criminal Legal Reform

Show related content

Menu parent dynamic listing

21

Style

Standard with sidebar

State-based Campaigns to Significantly Reduce Prison Population Will Focus on Presidential Battleground States

November 7, 2014
NEW YORK – The Open Society Foundations today awarded a grant of $50 million to the American Civil Liberties Union (ACLU) in support of its nationwide campaign to end mass incarceration. The campaign seeks to reform criminal justice policies that have increased incarceration rates dramatically during a period of declining crime –and exacerbated racial disparities. The nation's adult jail and prison population numbers over 2.2 million with one in 100 adults behind bars, the highest incarceration rate in the world. The ACLU intends to cut that number in half by 2020, with the most ambitious effort to end mass incarceration in American history.
"Reducing our nation's prison population by 50 percent may sound like a lofty goal. But Americans are recognizing that we can't arrest our way out of every social problem and, in fact, the overuse of our criminal justice system has been making matters worse," said ACLU Executive Director Anthony D. Romero. "Elected officials on both sides of the aisle now see clearly the disastrous results of the 'tough on crime' politics of the 80s and 90s. The ACLU is partnering with allies across the entire political spectrum to take a new approach and get the work done."
"There are few organizations in the United States in such close alignment with our values and criminal justice reform goals as the ACLU," said Christopher Stone, President of the Open Society Foundations. "We are confident that our support of the already advanced state-level ACLU operations can truly transform thinking about public safety, move progressive and innovative legislation forward, and restore the trust of communities hit hardest by the overuse and abuse of our criminal justice system."
While the ACLU's most impactful work has typically been through litigation, this campaign signals a sea change for an organization with more than one million members and supporters, staffed state-based affiliates, and formidable legal muscle. It will build on the momentum created by state and national advocates, and on the analysis of the National Academy of Sciences, which found that in order to significantly lower prison rates, drug enforcement and sentencing laws should be revised. And, U.S. Attorney General Eric Holder has strongly endorsed reduced sentences for certain non-violent drug offenses, which would cut average sentences for federal drug offenses by 11 months.
In accepting the grant from OSF, Romero outlined immediate next steps the ACLU will take:

  • Bring transparency to the current crisis by assembling and disclosing state and local data around who is behind bars, for how long, and for what offenses
  • Select 3 to 5 key states for 2016 action – those with the largest prison populations, most egregious sentencing, and a history of playing a consequential role in the election of the next president
  • Build state capacity in early primary and battleground states such as Florida, Iowa, New Hampshire, and Colorado.

The announcement of increased funding for mass incarceration reform comes just days after a ballot measure – Proposition 47 – passed by an overwhelming 58% majority in California. The measure, which the ACLU aided with a $3.5 million investment, lowers personal drug use and small-scale property crimes from felonies to misdemeanors, and distributes the criminal justice savings to substance abuse and mental health treatment, anti-truancy programs, and victims' services. Approximately 15,000 to 20,000 people will likely be eligible for re-sentencing and release from either state prison or county jail.
Former speaker of the House of Representatives Newt Gingrich, Senator Rand Paul, and California businessman B. Wayne Hughes, Jr. also supported Prop. 47. The ACLU intends to tap into this type of bipartisan support with its broader campaign against mass incarceration, using this donation as a primer for increased political action on both the state and national level.
Romero also announced that Alison Holcomb, architect of the ACLU of Washington's marijuana legislation, who directed the statewide campaign to pass it, will serve as the national director of the ACLU Campaign to End Mass Incarceration. Holcomb was also involved in the state legislature's passage of a 911 Good Samaritan drug overdose prevention bill and the launch of Seattle and King County's innovative pre-booking diversion program, Law Enforcement Assisted Diversion (LEAD).
"We've had 40 years of widening the criminal justice net too far and have relied too heavily on punishment to address social and health problems," Holcomb said. "We've drained coffers and cut people off from jobs, housing, and family stability – the very things they need to succeed in society."
Romero concludes: "This exceptionally generous grant from the Open Society Foundations allows us and our partners to break the cycle that has destroyed families and devastated communities, by righting this source of injustice and ending mass incarceration."
For more information on ACLU's Campaign to End Mass Incarceration, go to:https://www.aclu.org/smart-justice-fair-justice

Date

Friday, November 7, 2014 - 12:24pm

Show featured image

Hide banner image

Tweet Text

[node:title]

Related issues

Criminal Legal Reform

Show related content

Menu parent dynamic listing

21

Style

Standard with sidebar

Effort To Ban Abortions and Restrict Contraception Defeated for the Third Time

 11/4/14
DENVER - The voters of Colorado have rejected – for the third time since 2008 – a far-reaching constitutional amendment designed to ban all abortions in Colorado, including in cases of rape, incest and when the health of the mother is at risk. Amendment 67 would have gone so far as to restrict access to commonly used forms of birth control, including the Pill and IUDs -- and ban in-vitro fertilization for infertile couples who are hoping to have families.
“We’re thrilled that the voters of Colorado were able to, once again, see through the very deceptive ballot language of Amendment 67 and reject it outright,” said Fofi Mendez, campaign director of the Vote NO 67 Campaign. “Once again, Colorado has made it clear that issues surrounding women’s healthcare are personal, private decisions, and not those of the government, courts and lawyers.”
The Vote NO 67 Campaign is comprised of a broad-based, nonpartisan coalition of doctors, nurses, other medical professionals, attorneys, civil libertarians, Latina, African-American, Asian-American organizations, and dozens of community groups. Since the Vote NO 67 Campaign launched in July, more than 75 organizations signed on in formal support, ranging from the Colorado Bar Association to the Colorado Medical Society to the El Paso County Libertarian Party. Nineteen newspapers editorialized against the measure.
No news organization supported Amendment 67, which was sponsored by Personhood USA and Colorado Right To Life. Those groups sponsored similar constitutional amendments in 2008 and 2010, which were overwhelmingly defeated.
If passed, Amendment 67 would have expanded the term “person” in the Colorado Constitution to include “unborn human being” – which has no established legal or medical definition. Attorneys, medical professionals and others noted the result would have criminalized women and their doctors.
“The voters have said, again, they believe women should make their own healthcare decisions,” said Vicki Cowart, President and CEO of Planned Parenthood of the Rocky Mountains. “Coloradans believe that women should be free to make their own decisions about where, when and how to have children. They believe that women should have the ability to use the birth control that works best for them, to be able to use in-vitro fertilization to have children, and to make their own medical decisions when their health is in jeopardy.”
“Colorado voters sent a clear message today that no matter how deceptive the language, personhood initiatives that criminalize women and invite government into their private lives do not match Colorado values and have no place in our laws or our Constitution,” said Nathan Woodliff-Stanley, executive director of the ACLU of Colorado.
Said Cristina Aguilar, executive director of COLOR (Colorado Organization for Latina for Opportunity & Reproductive Rights): “Amendment 67 would have threatened our ability as women and Latinas to make important choices about our health care, including when and how to start a family. These decisions are best left for a woman to make with her family, her doctors and her faith.”
"Colorado voters have a longstanding, mainstream belief in supporting abortion rights and reproductive health care, and we saw that belief in action with the defeat of Amendment 67, said Karen Middleton, President of NARAL Pro-Choice Colorado. “NARAL Pro-Choice Colorado members and supporters played an important role in letting voters know about this deceptive, dangerous amendment. We hope those behind Amendment 67 have learned once again that they are on the wrong side of Colorado voters and values and take NO for an answer."
Said Cowart, of Planned Parenthood, “These groups should respect the values of Colorado voters and stop trying to force their political agenda on us. We will continue to fight this fight because we know Colorado women and families deserve access to the reproductive health care services they need.  With the money we invested to defeat this campaign, we could have provided additional services to thousands of women and families in Colorado. But, we advocate for women both inside our health centers as well as in the public arena.”

Date

Wednesday, November 5, 2014 - 2:09pm

Show featured image

Hide banner image

Tweet Text

[node:title]

Related issues

Reproductive Freedom Women’s Rights

Show related content

Menu parent dynamic listing

21

Style

Standard with sidebar

Pages

Subscribe to ACLU Colorado RSS