Last minute lawsuit takes aim at Initiative 303 – Denver, Colorado

Denver, Colorado 2021-10-18 21:01:33 –

Denver — A last-minute proceeding by the city and county of Denver could significantly change the way it applies if the proposed voting initiative is passed.

Initiative 303 will demand stricter enforcement of the city’s camp ban. If approved, the initiative will do four things.

-People camping on private land require written permission from the owner.
-City needs to take action on campsites reported by citizens within 72 hours
-People can sue the city if no action takes place within that 72-hour time frame
-You need to limit the number of city-approved campsites to four and line up running water and lighting at each site.

Garrett Flicker, chairman of the Denver Republican Party and one of the creators of the initiative, said the initiative was created to confront the city in the growing homelessness problem.

“We essentially wanted to create a roadmap to control the homeless epidemic that has plagued Denver,” said Flicker.

Opponents of the initiative are worried about the message this sends to the city’s homeless.

“We continue to say,’You can’t be here. You can’t be here. You can’t be here.” And we give all the money that pushes people from place to place. I was able to use it to find out where they were, “said Benja Mindanning of the Denver Homeless Outloud. “They’re just trying to get rid of it by police coercion. It’s sad that that’s what we’re seeing.”

According to Dunning, the city has no meaningful camping policy and relatively few people are making noise with camp complaints.

The Denver city council also approved a resolution against the bill earlier this month. City council member Robin Kniech states that the city has taken this step because of the potential liability exposed by such ordinances.

“The 303 allows anyone to sue the city. You don’t have to live in the city and you don’t have to prove that you’re particularly influenced by homeless camps,” says Kniech.

The seven-page proceeding filed by Denver city lawyer Christine Bronson targets the 72-hour portion of the draft ordinance, which, if enforced, could violate federal court orders and the constitutional rights of the people. It states that it has sex.

“This provision illegally breaks into the city’s administration and authorities by requiring the city to enforce unauthorized camp ordinances or face civil proceedings within 72 hours of receiving a complaint. The city will support the effective enforcement of the ordinance, allocate law enforcement resources among several competing priorities, and retain the discretion of when and how to respond to public complaints. ” I read the statement of the place.

As the creator of the initiative, Flicker was nominated in a proceeding along with four others.

He criticized the proceedings as a blatant threat from the city and wondered why the initiative was raised near the elections when voters had already received ballots.

“Some people have already voted, so it’s a bit late,” he said.

Flicker also asked why he and other supporters were nominated in the proceedings on behalf of Denver’s clerk and registrar who asked questions on the November ballot.

In Kniech’s view, if the city proceedings fail and Initiative 303 passes, Denver may face multiple proceedings.

On the one hand, the city could be sued for failing to meet the 72-hour deadline. Meanwhile, she was worried that the city would be sued for enforcing the three-day rule.

“Both ways, 303 puts the city on a huge taxpayer liability,” Kniech said.

Flicker disagrees with this and believes that there are simple steps the city can take to comply with the ordinance if it is passed.

“Nothing has been said about being cleared within 72 hours,” Flicker said. “Take action that may mean issuing a notice to clear the camp.”

He believes the proceedings should be dismissed and still asks people to vote “yes”.

The proceeding was filed in the Denver District Court. Instead of removing the entire ballot question, remove only the 72-hour coercion.

Bronson demanded a declaratory judgment that one section of the question was invalid. She requested a prompt hearing so that the case could be taken up before the November 2 elections.

Last minute lawsuit takes aim at Initiative 303 Source link Last minute lawsuit takes aim at Initiative 303

Back to top button