Voters, Judge Block Expansion of Denver's Anti-Homeless Camping Ban

Joe Rubino reports that Denver voters rejected an ordinance that would have made the city's camping ban more strict, just a few days after a judge struck down a key components of the ordinance.

Initiated Ordinance 303 "would require people to obtain written permission before camping on private property and cap the number of city-sanctioned safe outdoor camping sites for people experiencing homelessness in the city at four, requiring amenities like bathrooms at each," according to Rubini. Garrett Flicker, chairman of the Denver Republican Party, wrote the ordinance.

On Sunday, two days before the citywide election, Denver District Court Judge Darryl Shockley struck down a section of the ordinance "that would have mandated that the city had 72 hours — three days — to respond if a resident filed a complaint about an unsanctioned encampment," explains Rubino. "The measure would have given residents the power to sue the city if action wasn’t taken in that window."

The outcome of the election stood out compared to a vote in Austin in May 2021, when voters supported criminal penalties for camping in public.

Denver has been contesting the boundaries of its camping ban since approved by the council in 2021—the city briefly rescinded the ban at the beginning of 2020 to adjust its practices to the landmark Supreme Court ruling in Martin v. City of Boise.