December 12, 2013
In a memo provided to the ACLU of Colorado by the Colorado Department of Corrections, all wardens were instructed to no longer refer prisoners that have been designated to have a major mental illness to administrative segregation. Administrative segregation is long-term placement in solitary confinement, in which prisoners are denied all meaningful human contact and must remain alone in barren metal cells in excess of 23 hours per day.
Statement of ACLU Staff Attorney Rebecca Wallace
“The ACLU of Colorado commends the Colorado Department of Corrections for taking a momentous step toward ending the practice of managing seriously mentally ill prisoners with long-term solitary confinement.
“The ACLU of Colorado has campaigned for changes to CDOC’s use of solitary confinement, and particularly to end prolonged solitary confinement of seriously mentally ill prisoners, for several years.
“Barring seriously mentally ill prisoners from administrative segregation is an enormous step in the right direction, but it addresses only one of several demands the ACLU has made of CDOC on this issue. There is still much important work to be done.
“As an initial matter, we remain concerned that the definition of major mental illness adopted by CDOC is too narrow and that there are still prisoners in administrative segregation who are seriously mentally ill and should not be placed in prolonged solitary confinement.
“Second, as the ACLU of Colorado film Out of Sight, Out of Mind, about CDOC prisoner Sam Mandez showed, there are prisoners in CDOC’s mental health treatment program that are stuck in low levels of the program and still confined in solitary conditions. CDOC must ensure that all seriously mentally ill prisoners have a minimum of twenty hours out of cell time every week, including 10 hours of therapeutic activity.
“Third, CDOC’s mental health treatment programs must be fully staffed to provide adequate out of cell time and therapy.
“Finally, we have asked that CDOC adopt policies to require mental health involvement in disciplinary decisions related to seriously mentally ill prisoners.
“We are hopeful that Director Raemish and his executive team are and will remain real partners for change.”
CDOC memo – 
https://aclu-co.org/sites/default/files/Memo%20Mental%20Health%20Qualifiers%20Ad%20Seg%20MEMO%20%282%29.pdf

Out of Sight, Out of Mind – The Story of Sam Mandez - http://vimeo.com/78840078

Read our report on mentally ill Colorado prisoners in solitary confinement.

Statement of ACLU of Colorado Public Policy Director Denise Maes on new marijuana rules passed last night by the Denver City Council

“The ACLU of Colorado is grateful that the Denver City Council ultimately abandoned efforts to recriminalize marijuana possession throughout much of the city and personal use on private property. The Council heard the clear and consistent call from the public to put an end to unnecessary and inefficient over-policing of marijuana.
“Thanks to the Council and the voters who passed Amendment 64, law enforcement resources will not be wasted making small time marijuana busts.
“As other cities around the state consider the definition of ‘open and public,’ we encourage them to recognize, as Denver eventually did, that it does not mean in a pocket, in a home, or on a front porch.”

A Colorado judge today determined that a Lakewood bakery unlawfully discriminated against a gay couple by refusing to sell them a wedding cake.

David Mullins and Charlie Craig visited Masterpiece Cakeshop last year, with Craig’s mother, to order a cake for their upcoming wedding reception. Mullins and Craig planned to marry in Massachusetts and then celebrate with family and friends back home in Colorado. Masterpiece owner Jack Phillips informed them that because of his religious beliefs the store’s policy was to deny service to customers who wished to order baked goods to celebrate a same-sex couple’s wedding.

“Being denied service by Masterpiece Cakeshop was offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration,” said Mullins. “No one should fear being turned away from a public business because of who they are. We are grateful to have the support of our community and our state, and we hope that today’s decision will help ensure that no one else will experience this kind of discrimination again in Colorado.”

Longstanding Colorado state law prohibits public accommodations, including businesses such as Masterpiece Cakeshop, from refusing service based on factors such as race, sex, marital status or sexual orientation. Mullins and Craig filed complaints with the Colorado Civil Rights Division (CCRD) contending that Masterpiece had violated this law. Earlier this year, the CCRD ruled that Phillips illegally discriminated against Mullins and Craig. Today’s decision from Judge Robert N. Spencer of the Colorado Office of Administrative Courts affirms that finding.

“While we all agree that religious freedom is important, no one’s religious beliefs make it acceptable to break the law by discriminating against prospective customers,” said Amanda C. Goad, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. “No one is asking Masterpiece’s owner to change his beliefs, but treating gay people differently because of who they are is discrimination plain and simple.”

Phillips admitted he had turned away other same-sex couples as a matter of policy. The CCRD’s decision noted evidence in the record that Phillips had expressed willingness to take a cake order for the “marriage” of two dogs, but not for the commitment ceremony of two women, and that he would not make a cake for a same-sex couple’s wedding celebration “just as he would not be willing to make a pedophile cake.”

“Masterpiece Cakeshop has willfully and repeatedly considered itself above the law when it comes to discriminating against customers, and the state has rightly determined otherwise,” said Sara R. Neel, staff attorney with the ACLU of Colorado. “It’s important for all Coloradans to be treated fairly by every business that is open to the public – that’s good for business and good for the community.”

Read the decision