The Colorado Court of Appeals upheld a lower court’s dismissal of a challenge to the city of Boulder’s ‘blanket ban’ today, May 14. These two ordinances forbid sleeping outside while using “any cover or protection from the elements other than clothing,” effectively criminalizing homelessness in one of Colorado’s most expensive cities.
Adopting the poorly reasoned U.S. Supreme Court 2024 decision in Grants Pass v. Johnson, the Court of Appeals held that Boulder’s blanket ban does not constitute cruel and unusual punishment. This is despite the city lacking sufficient shelter space for unhoused residents. The ACLU of Colorado maintains that the city of Boulder continues to punish conduct that is inseparable from survival; for people living in extreme poverty, protection from the elements can be a matter of life or death.
The following statement can be attributed to Tim Macdonald, ACLU of Colorado legal director:
“We are deeply disappointed by this decision. This is a devastating, though hopefully only temporary, blow to the promise of the Colorado Constitution, to the rights of our unhoused neighbors, and to the lives and safety of everyone at risk of homelessness — which can happen to anyone.
“Boulder is one of the most expensive cities in both Colorado and the country. A host of factors have pushed housing costs to extreme heights. Instead of directly addressing this glaring crisis of unaffordability, some local governments want to double down on punitive measures meant to merely sweep poverty from public view. This state-sponsored attack on survival continues to be unconscionable.”
The ACLU of Colorado remains dedicated to protecting the constitutional rights of all Coloradans, including people living in extreme poverty, and will continue to consider paths forward in fighting for the safety and dignity of our unhoused neighbors.
