This
This week
This week a district Court judge ruled Denver's camping ban is constitutional.
Those who Oppose the ruling
plan to appeal to the Supreme
Court to help bre
>>>
>>> HELP
>>> HELP BREAK DOWN THE CASE, OUR 9NEWS LEGAL EXPERT AND MSU
DENVER PROCESSOR WHITNEY
TRAYLOR JOINS US THIS MORNING.
GOOD MORNING.
GOOD MORNING. >> GOOD MORNING.
>> THE CAMPING BAN HAS BEEN A
SOURCE OF SIGNIFICANT
LITIGATION OVER THE YEARS.
TELL US ABOUT THE EVOLUTION OF
THE LAW AND WHERE IT STANDS NOW
AFTER THE RULING THIS WEEK.
>> YEAH, THIS HAS BEEN A MAJOR
ISSUE FOR PARTICULARLY DENVER,
BUT HOMELESS SITUATION,
OBVIOUSLY, IS INCREASING NOT
ONLY IN DENVER BUT ACROSS THE
STATE AND THE COUNTRY.
SO WE HAVE -- THE CAMPING BAN
WAS INITIATED BACK IN 2012 AND
IT STARTED PICKING UP STEAM IN
TERMS OF PEOPLE CHALLENGING THE
CAMPING BAN, PROHIBITING PEOPLE
FROM BEING ABLE TO CAMP IN
OUTDOOR SPACES AND SO IN MAY
THE VOTERS SAID, YEAH, THEY
WANTED THE CAMPING BAN
ENFORCED, BUT LATE LAST YEAR A
COUNTY COURT JUDGE SAID, NO,
IT'S UNCONSTITUTIONAL, BASED ON
THE 8th AND THE 14th AMENDMENT.
SO DENVER POLICE HAVE BEEN
ESSENTIALLY -- HAVEN'T BEEN
USING THE CAMPING BAN AS THE
BASIS FOR THEIR SWEEPS EVEN
THOUGH THEY HAVE BEEN
CONTINUING THE SWEEPS.
SO NOW JUST LAST WEEK ON
APPEAL, THE DISTRICT COURT
JUDGE SAID, NO, THE CAMPING BAN
IS ACTUALLY CONSTITUTIONAL.
SO NOW THE CITY CAN COME BACK
AND DO THE SWEEPS AND CAN FORCE
PEOPLE OFF THE STREETS,
ESSENTIALLY.
ESSENTIALLY. BUT THE HOMELESS FOLKS, THE
HOMELESS ADVOCATES ARE PLANNING
TO APPEAL.
TO APPEAL. >> WHAT WAS THE JUDGE'S LEGAL
REASONING FOR REVERSING THE
LOWER COURT'S JUDGMENT?
>> THE JUDGE SAID THE REASON
WHY THIS WAS NOT
UNCONSTITUTIONAL OR WHY A
CAMPING BAN IS CONSTITUTIONAL
IS BECAUSE THERE WAS NO
DISCRIMINATORY ANIMUS BY THE
CITY.
CITY.
CITY. THEY WEREN'T HARASSING, THEY
DIDN'T HAVE A CUSTOM OR POLICY
OF HARASSING OR INTERFERING
WITH THE HOMELESS.
THEY WERE ENFORCING IT ACROSS
THE BOARD.
THE BOARD. THE JUDGE SAID WE ARE NOT
CRIMINALIZING STATUS.
CRIMINALIZING STATUS. WE ARE CRIMINALIZING ACTIVITY.
THE REALITY OF IT, THOUGH, IS
THAT IT'S BEING ENFORCED
BASICALLY ON THOSE FOLKS WHO
ARE EXPERIENCING HOMELESSNESS
BECAUSE WE JUST DON'T SEE
PEOPLE OUT THERE CAMPING ON,
YOU KNOW, PUBLIC STREETS FOR,
YOU KNOW, OUTDOOR ACTIVITY
PURPOSES.
PURPOSES.
PURPOSES. >> DENVER POLICE WERE ALLEGEDLY
NOT ENFORCING THE CAMPING BAN
DURING THIS APPEAL.
ANY INDICATION THAT THEY WILL
BEGIN ENFORCING THE BAN MORE
VIGOROUSLY AND WILL THAT LEAD
TO MORE LITIGATION OR DOES THIS
SETTLE THE MATTER?
>> WELL, IT SOUNDS LIKE THEY
ARE GOING TO APPEAL TO THE
COLORADO SUPREME COURT AND
WHETHER THE SUPREME COURT
ACCEPTS IT OR NOT IS A
QUESTION.
QUESTION.
QUESTION. SO THIS CERTAINLY CREATES MORE
PRECEDENT EVEN THOUGH THIS --
YOU KNOW, IT STARTED OFF IN
COUNTY COURT, BECAUSE ACROSS
THE COUNTRY, THEY ARE DEALING
WITH THE SAME ISSUES AND PEOPLE
ARE LOOKING AT THIS.
IN FACT, THE REASON WHY THE
JUDGE RULED THAT IT WAS
UNCONSTITUTIONAL INITIALLY, WAS
BECAUSE OF THE NINTH CIRCUIT
HAD RULED ALSO THAT IT WAS
UNCONSTITUTIONAL EVEN THOUGH IT
WASN'T BINDING ON COLORADO OR
ON DENVER.
ON DENVER. SO I SUSPECT YOU'RE GOING TO
SEE MORE LITIGATION, THERE'S
GOING TO BE MORE POLICY
REFERENDUMS AROUND THE
HOMELESSNESS SITUATION AND, IN
FACT, IN NOVEMBER COLORADO
VOTERS OR DENVER VOTERS WILL
GET TO VOTE ON A SMALL TAX THAT
WILL CREATE $40 MILLION A YEAR
TO GO TOWARDS THE HOMELESS.
SO THIS ISSUE IS DEFINITELY --
THIS IS GOING TO BE A MAJOR
ISSUE FOR DENVER GOING FORWARD
AND ACROSS THE COUNTRY, FOR
SURE.
SURE.
SURE. >>
SURE. >> YEAH.
>> YEAH.
>> YEAH. IT'S NOT GOING ANYWHERE.
YOU JUST MENTIONED THIS.
YOU KNOW, HOW WILL THIS AFFECT
CAMPING BANS AND OTHER COUNTIES
AROUND THE COUNTRY?
>> RIGHT.
>> RIGHT.
>> RIGHT. SO THAT'S GOING TO BE A
QUESTION.
QUESTION.
QUESTION. IF THESE ARE UPHELD.
SO IF THE COLORADO SUPREME
COURT ACCEPTS THIS CASE AND
THEN MAKES A RULING, THAT WOULD
CERTAINLY HAVE MORE
PRECEDENTIAL VALUE ACROSS THE
COUNTRY.
COUNTRY.
COUNTRY. BUT BECAUSE YOU'RE SEEING SUCH
A DIVIDE IN ECONOMIC
CIRCUMSTANCES ACROSS THE
COUNTRY, THERE'S A RISE IN
HOMELESSNESS AND PEOPLE JUST
CAN'T AFFORD IT.
SO THESE ARE ISSUES THAT --