ACLU files motion to stop Boulder's enforcement of its 'blanket-ban'

Olivia Doak, Daily Camera, Boulder, Colo.
·2 min read

Apr. 21—The American Civil Liberties Union of Colorado filed a motion Friday asking for partial judgement in a lawsuit against Boulder's camping ban.

The ACLU had previously filed a lawsuit against Boulder and Boulder Police Chief Maris Herold claiming that the city's camping ban, specifically an ordinance prohibiting sleeping in public spaces under blankets, violated three provisions of the Colorado Constitution.

Boulder District judge Robert Gunning upheld part of the ACLU's lawsuit in a ruling issued Feb. 23. While dismissing most of the lawsuit's claims for relief, he did rule that the blanket ban violates the state's Eighth Amendment against cruel and unusual punishment.

In the motion, the ACLU said the blanket ban "amounts to cruel and unusual punishment" and asked for Boulder to be permanently prohibited "from enforcing the blanket ban against unhoused individuals when they cannot access indoor shelter."

Boulder has continued to deny that the blanket ban violates the Colorado Constitution's prohibition against cruel and unusual punishment.

However, the city has made admissions indicating that the city's homeless do not always have options for indoor shelter. The city also admitted it doesn't always check whether unhoused individuals are eligible to stay at private homeless shelters in Boulder before enforcing the camping ban.

The ACLU said in Friday's motion that criminalizing those with insufficient housing "does not improve public safety outcomes or reduce the factors that contribute to homelessness, and in fact imposes serious health and quality of life consequences on unhoused individuals."

Based on the court's ruling and Boulder's admissions, the ACLU asked for partial judgment on the pleadings against Boulder in the motion.

"Specifically, Plaintiffs respectfully request that this Court enter judgment on their First Claim for Relief, under Colo. Const. art. II, § 20 and C.R.S. § 13-21-131, for declaratory and injunctive relief against Defendants City of Boulder and Maris Herold," according to the motion.