DENVER — Denver's unhoused population is raising concerns after a United States Supreme Court ruled cities can enforce bans against the unhoused sleeping in public places.
At Civic Center Park, Cisco Lee Edwards fears the decision could lead to his arrest. "I didn't choose to be homeless," said Edwards.
A week ago, Edwards moved to Denver, hoping to find work. For the past six years, he's been in and out of housing. Since arriving to Colorado, Edwards was robbed three times and now worries that he won't have a place to sleep if he can't reach shelters in time.
"That's really going to hurt me," said Edwards. "Every day, if I go to sleep, it seems like I lose everything I have.”
The court ruling originated from a case in an Oregon city called Grants Pass. The city implemented a ban on unhoused encampments, allowing officers to ticket, fine and arrest individuals who don't comply. In 2018, three unhoused individuals filed a lawsuit against the city, arguing the ban punished them for being "involuntarily homeless."
Grants Pass lost the initial lawsuit in 2018, but the case made its way to the Supreme Court. On Friday, the nation's high court issued a 6-3 ruling that the camping ban doesn't violate the Eighth Amendment, which prohibits "cruel and unusual punishment."
"Choosing to side with Grants Pass really dehumanizes the unhoused community," said Ana-Lilith Miller, with Housekeys Action Network Denver(Hand). The nonprofit argued that the decision could lead to more encampment sweeps in the Denver metro area.
Colorado's three largest cities: Denver, Aurora and Colorado Springs, all have camping bans. Aurora recently updated their encampment ban to crack down on offenders with tickets, fines and possible arrests. The city's updated ordinance disbanded the previous 72-hour notice law enforcement was required to give individuals living in encampments.
Aurora mayor Mike Coffman said it's part of a new, "tough love" approach.
"They move within 72 hours, there's no penalties, they move back," said Coffman.
The city ordinance bans camping along the Interstate 225 corridor, placing it under a new trespass ordinance. Those caught sleeping can be ticketed and given a date to appear in court. Those who miss their court date would be subject to arrest for failure to appear.
Coffman said the Supreme Court's ruling will allow them proceed with the new law at the end of summer. When asked about whether or not the decision effectively, "criminalizes homelessness" Coffman agreed, but argued that it was necessary for the public good.
"I still contend that leaving people on the street, leaving people in a lifestyle that's destructive to themselves and to the community is cruel and unusual punishment," said Coffman.
Additionally, Coffman argued that the new policy includes the creation of the Housing Employment Assistance Recovery Team, or HEART. The program allows the unhoused arrested for violating the ban to choose a diversion program. Coffman said it will connect them with valuable city resources, including permanent housing.
However, the Denver mayor's office says the decision won't change their strategy.
A spokesperson for Mayor Mike Johnston's office sent Denver7 the following statement:
We do not need the U.S. Supreme’s Court guidance to know the right way to address homelessness is through compassion and humanity. In Denver, we believe people should sleep in their own beds, not street corners. That’s why we have spent the last 12 months moving more than 1,600 people indoors, including 536 individuals who are now permanently housed. This strategy aligns with national best practices issued by the U.S. Interagency on Homelessness for addressing encampments, and we look forward to continuing this approach as we work toward bringing a total of 2,000 people indoors by year’s end.
The Supreme Court ruling was split along ideological lines. Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented.
