NEWS BLIPS
Durango Officials Reach Agreement With ACLU To Stop Public Camping Ban
Editor's Note: This news item was retrieved and first published through The Durango Herald's website.
The Durango Herald reports on city officials announcing the stoppage of issuing citations to people who camp overnight in public open spaces, excluding parks and sidewalks. The city reached an agreement with the American Civil Liberties Union (ACLU) early September to stop enforcing its camping ban between dusk and dawn in public open space as long as those who camp follow city ordinances protecting the safety, health and welfare of all residents.
Bret Hauff, Durango city government reporter from The Durango Herald, relays in his articles: "The city stopped issuing the citations after receiving a letter from the ACLU admonishing the city for its practice and in the wake of a ruling from the 9th U.S. Circuit Court of Appeals that said prosecuting homeless people for sleeping on public property when there is no shelter available violates the Constitution’s ban on cruel and unusual punishment." Donna Mae Baukat, co-founder and executive director of Community Compassion Outreach, a group that advocates for homeless residents and assists people experiencing homelessness, said at least 30 homeless people in Durango have expressed interest in suing the city over its ordinance. According to the article, a panel of three judges for the 9th Circuit Court opined Sept. 4 that “a municipality cannot criminalize such behavior consistently with the Eighth Amendment when no sleeping space is practically available in any shelter." The city is evaluating whether the 9th Circuit Court decision has any bearing on the way the city operates.
For the complete article on the legal issue, visit The Durango Herald website.