Proposed sitting ban puts city at risk of being sued

A proposed sitting ban puts Colorado Springs at risk of being sued, according to council members both for and against the proposed ordinance.

Colorado Springs City Council is discussing an ordinance that would ban people from sitting, lying, reclining or kneeling on sidewalks and streets in downtown Colorado Springs and Old Colorado City.

Though proponents say the proposal is not aimed at any specific group, some believe the ordinance will target the homeless and vagrant populations in Colorado Springs.

According to the ordinance, people can only sit on street furniture that is at least nine inches deep, 12 inches wide and 18 to 22 inches high.

“I think that’s very difficult and complicated,” said Jill Gaebler, a city council member against the proposal. “People don’t carry around rulers to decide if they’re allowed to sit somewhere.”

Gaebler voiced her concerns at a council work session Monday night, saying the proposal targets people who loiter downtown.

“If we want to discuss the real concerns and root causes of vagrancy, we need to start looking at affordable housing and a day center for people to go during the day to carry on their daily activities,” Gaebler said.

In 2013, Colorado Springs repealed a ban on panhandling after being sued by the American Civil Liberties Union. Gaebler said she has concerns the ACLU could target the sitting ban as well.

“That doesn’t mean the ACLU won’t sue us which will of course give us some negative attention in Colorado Springs and cost the city money to fight the lawsuit,” Gaebler said.

But Councilman Keith King, a proponent of the ordinance, said he and other supporters have tried to strike a balance in the wording of the ordinance in order to avoid a potential lawsuit.

“You always have that threat of being sued, but we are trying to make this in such a way to find a balance where we have public safety and also freedom of passage and I think we found the right balance with this one,” King said.

Pueblo city leaders are worried about what kind of ripple effect the proposed ordinance could have. Anne Stattleman, executive director of Posada, said homeless people from Colorado Springs may come to Pueblo.

“I know when initially Colorado Springs cleaned up the Fountain, we did have a large number of homeless people that came down our way and also went up north to Denver, so we might see the trickle down effect,” Stattleman said.

Pueblo City Council President Steve Nawrocki said while Colorado Springs City Council doesn’t intend to have homeless people relocate, he’s concerned that may happen.

“I think in the past when other communities have passed some ordinances that have been specifically targeted against the homeless, I think Pueblo has been a kind of destination.”

Stattleman said Pueblo doesn’t have enough housing, or services, to assist the homeless already in Pueblo.

“We have beds for less than one percent of our homeless population as it stands now, and we really don’t even have a shelter for single males and single females in Pueblo,” she said.

Council will host a public session on Sept. 3 from 6-8 p.m. in the City Auditorium.