Douglas County leaders introduce plan for camping ban, ACLU keeps close eye on proposal

As cities all over the Denver metro area struggle to address homelessness, Douglas County is taking steps to curb the visible signs with an urban camping ban.

While encampments are still few and far between in the wealthy, growing suburban area south of Denver, they're more common than before, which is something leaders want to change.

 
"We're not going to wait for the problem to get out of control before we address it," said county commissioner Abe Laydon.

For almost a year now, commissioner Laydon and the county's new homelessness initiative have tried to come up with solutions, creating the Homeless Engagement, Assistance and Resource Team (HEART), as well as a sign campaign to discourage people giving money to panhandlers on the side of the road.

This week, commissioners took the first step towards a new ordinance, introducing a camping ban on first reading.

If passed, it would prohibit temporary structures and camping on public property when no other shelter is available. If someone is found in violation of the ordinance, they would face a $1,000 fine.

"By enforcing a camping ban and ensuring we are reclaiming our public spaces," Laydon said. "We believe that families, taxpayers, businesses will feel like this is a great place to continue to live and work."

Bans like this have been legally challenged in other Colorado cities in recent years. Last year the ACLU filed a lawsuit against the City of Boulder, claiming the city's camping ban, which had been in place since 1980, violates provisions of the Colorado constitution. Recently a judge dismissed part of the suit, but upheld claims about constitutionality. Challenges to Denver's camping ban have also been bouncing around the legal system for years.

"The core issue that we're concerned about is the criminalization of the unhoused," said Tim Macdonald, Legal Director for the ACLU.

Macdonald says his organization is now keeping a close eye on Douglas County's proposed ban. He tells CBS News Colorado he believes the proposal punishes an unhoused population that is already struggling and doesn't address what keeps some from going to a shelter.

"There's no definition for what it means to have accessible shelter," Macdonald said.

"We hope Douglas County wrestles with the hard problems and comes up with lasting solutions for the unhoused and doesn't turn to approach of making the problem worse."

Laydon says the county is confident the ordinance would hold up if challenged, largely because it only applies when shelter is not available.

"We're within reasonable distance of a shelter, so we can provide that service," he said.

While the county has no official shelter, it has numerous partnerships with other shelters and organizations. HEART navigators, such as Tiffany Marsitto, would rely on those, as they already do.

"It'll help our navigators be able to guide these individuals to obtain and seek resources that are available," Marsitto said.

A second reading for this ordinance is scheduled for June 20. If passed, it would go into effect 30 days later.