Camping ban enforcement in Denver could be impacted by US Supreme Court decision
DENVER (KDVR) — How Denver police enforce camping bans could be directly impacted by a case scheduled to be presented to the U.S. Supreme Court on Monday.
The justices must decide if police have the right to remove homeless people from public spaces without housing options. One of the latest camping ban enforcements in Denver took place at West 4th Avenue and Kalamath Street on Wednesday.
Denver police enforce city camping ban on new homeless encampment, arrest 11
Denver civil rights attorney Andy McNulty explained why the court’s decision could impact how police enforce camping bans in the city.
“(The U.S. Supreme Court) could decide whether Denver can continue enforcing its camping ban against unhoused residents,” McNulty said.
McNulty said right now, police can arrest unhoused people for refusing to leave public spaces. However, that police practice could be ruled unconstitutional.
“(The court) can tell (the police) that they can’t arrest people for the camping ban anymore. It can’t give (homeless individuals) move-along orders based on the camping ban. Basically, it can render the camping ban completely unenforceable,” McNulty said.
Housing advocates said they saw police threaten to arrest people for not leaving public spaces.
“I actually filmed that yesterday. One of the police officers was telling them that if they did not leave, that the police would be back the next morning and arresting everyone for trespass even though people were on public property,” said Amy Beck, Together Denver homeless advocate.
The Denver Police Department confirmed arrests can be made under certain circumstances. The department provided FOX31 with the guidelines.
Advocates say homeless people should not be arrested when no shelter is available.
“What needs to happen is that these folks get wraparound services and that is not happening,” said Regan Benson, Helping Hands for Dignity Coalition executive director.
Benson was doing street outreach on Wednesday at 4th and Kalamath when she videotaped police arriving at the site. Her video was posted on YouTube.
People with homes and businesses near the encampments say the sites cause spikes in crime and unhealthy, hazardous conditions.
The Denver mayor’s office stepped in at the 4th and Kalamath encampment and stopped police from removing the homeless. A city spokesman said Denver is providing services as part of the All In Mile High Program.
Notices have been posted at the site saying a sweep will take place next week.
Now it is up to the Supreme Court to decide whether police can continue to enforce camping bans when unhoused people do not have shelter options. McNulty said a decision could come as soon as July.
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