Colorado Springs guts panhandling ordinance in response to letter from ACLU

The Colorado Springs Police Department has stopped enforcing most provisions of the city’s panhandling ordinance after the City Attorney’s Office reviewed a letter from the American Civil Liberties Union.

The September 14 letter accused the city of a widespread pattern of illegal enforcement of the panhandling ordinance against people who are poor and homeless.

A bulletin issued by the police department to its officers reads in part “After consulting with the City Attorney’s Office, we have decided, for the time being, to discontinue issuing summonses for Solicitation on or Near Street or Highway.”

The bulletin goes on to say that under city code 9.2.111 , soliciting is defined as follows:

To knowingly approach, accost or stop another person in a public place and to make a request, whether by spoken words, bodily gestures, written signs or other means, for a gift of money or other thing of value. Soliciting includes, but is not limited to, seeking a donation where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the purchase is in substance a donation, or begging or panhandling.

The bulletin also says that standing or sitting somewhere with a sign does not fit the city’s definition of solicitation:

Soliciting does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person, other than in response to an inquiry by that person.

Citing the June 18, 2015 U.S. Supreme Court Case , Reed v. Town of Gilbert Arizona, after review by the City Attorney’s Office, the bulletin also orders officers to stop writing citations for the following provisions.

9.2.111 (C)( 1 )(g): Soliciting money from anyone who is waiting in line for tickets, for entry to a building or for another purpose;

9.2.111 (C)(3): Soliciting within twenty feet (20) of any automated teller machine;

9.2.11 l(C)(4): Soliciting in or upon any public transportation vehicle or public transportation facility within or at any bus stop or in any parking lot, structure or other parking facility;

9.2.111 (C)(5): Soliciting within twenty feet (20′) of an entrance to a building; 9.2.111 (C)(6): Soliciting any person entering or exiting a parked motor vehicle or in a motor vehicle stopped on the Street;

9.2.11 1(C)(7): Soliciting any person located within the patio or sidewalk area of a retail business establishment that serves food and/or drink; and

9.2.111 (C)(8): Soliciting after dark, which shall mean one-half (‘/2) hour after sunset until one-half (1/) hour before sunrise.

The bulletin says that a provision outlawing aggressive or active solicitation can still be enforced.

Aggressive solicitation includes:

Continue to solicit after being told “no”
Make unwanted physical contact
Follow or obstruct pedestrians
Use profane or abusive language, exhibit violent behavior or make threats
Approach in a group of two or more

The active solicitation portion of the ordinance only includes soliciting on private property that displays a “no soliciting” sign.

The ACLU says that Colorado Springs City Attorney Wynetta Massey responded to the ACLU’s letter with a letter of her own, detailing the new policy.

“The Police Department and the City Attorney have now acknowledged that they have been citing, prosecuting and convicting innocent persons,” said Mark Silverstein, ACLU Legal Director. “We appreciate the City’s prompt decision to order police to stop enforcing the panhandling ordinances against persons who are not violating those ordinances.”

Despite his praise, Silverstein says the city needs to go a step further. “The City Attorney’s Office must also dismiss all pending prosecutions against persons who were merely displaying a sign. In addition, it must also take steps to undo erroneously-entered convictions and sentences, including pending jail, fines or probation, that were imposed on persons who were merely holding a sign inviting charity,” he said.

Colorado Springs Police Chief Pete Carey released the following statement Wednesday afternoon:

“One of the dynamic things in law enforcement is that we must always adapt to changes in the law whether it is through new legislation or through Supreme Court decisions. In this instance the changes came about through a Supreme Court decision.

The Colorado Springs Police Department suspended enforcement of the statue impacted by the recent Supreme Court decision. Working with the City Attorney’s Office we examined the impact of the decision on the current law as written. Based upon this examination we provided direction to our officers in the form of a bulletin.

The security cameras in the downtown area are not used to monitor pan handling. The cameras and the lighting are designed to protect citizen. Additionally the private security officers in the downtown area are hired through a private business partnership. These security officers do not have the ability to make an arrest.

The safety and welfare of all of our citizens is paramount for the Colorado Springs Police Department. We will continue to work with the City Attorney’s Office to address any required statutory changes in cooperation with City Council.”

Red, who lives on the corner of Pikes Peak and Tejon, said the change will not make much of a difference.

“The police never bothered us before unless we were walking up to people or being aggressive,” Red said. “As long as we just sit there, we’re fine.”

Downtown store owner Lane Williams also thought the change wouldn’t affect anything, except that he may lose more business because he has less recourse.

“If they have no consequences, they will never change,” Williams said. “I’m losing business because good customers are scared to come near my store.”

He is considering moving his store because of it.

But Red said he feels like he’s finally getting some basic rights.

“Everyone has the right to be happy as long as they’re not hurting anyone and I’m not,” he said.

The change is in effect until further notice.