Denver Fending off Lawsuit in Court this Week

The City of Denver, the State of Colorado and a handful of homeless residents will face off in federal court this week during an evidentiary hearing regarding a lawsuit filed in the U.S. District Court of Colorado in October.

“You only get an evidentiary hearing at this point if you need emergent relief,” explains Andy McNulty, an attorney from Killmer, Lane and Newman who is representing the homeless individuals suing the city and state. “The court believed that a hearing at this point was necessary to make sure [the plaintiffs] weren’t subject to infection and death.”

On December 15, attorneys for the plaintiffs, a lineup that includes ten homeless individuals and Denver Homeless Out Loud, will present their witnesses for testimony and eventual cross-examination by lawyers representing the City of Denver and the State of Colorado. On December 16, Denver and the state will have their own witnesses testify; their witnesses will also be subject to cross-examination by opposing attorneys.

At issue in the case is the City of Denver continuing to sweep encampments this summer, despite the fact that Centers for Disease Control and Prevention guidelines recommend that municipalities not sweep homeless encampments, so as to avoid the spread of COVID-19. The plaintiffs argue that these sweeps are unconstitutional, while the City of Denver claims it’s well within its rights to sweep encampments, even during a pandemic.

The plaintiffs are also suing the State of Colorado for its involvement in a sweep of Lincoln Park in front of the Capitol.

The evidentiary hearing will make public the rationale behind the city’s sweep of homeless encampments. For example, lawyers will debate whether an email exchange between a CDC official and a Denver public health official provided the green light for Denver to restart encampment sweeps, which the city had largely suspended early on in the pandemic.

Although Governor Jared Polis and Mayor Hancock were able to get out of testifying, Denver’s top public health and public safety officials will be testifying.

I Support

  • Local
  • Community
  • Journalism
  • logo

Support the independent voice of Denver and help keep the future of Westword free.

The hearing will essentially be a mini-trial on the issues. Although the judge overseeing the case, William J. Martinez, could rule from the bench after the two hearing days, it’s more likely that he will rule on a motion for a preliminary injunction in the coming weeks.

“The judge has a lot of discretion into what he could order. He could order the sweeps to stop completely. He could order that the sweeps can’t happen unless Denver and the state are providing individual housing options, like hotel motel rooms or housing,” McNulty says. “He could do a lot of different things.”

The City of Denver has been fending off legal challenges regarding its approach to homelessness for years. In late 2019, a Denver County Court judge ruled that the city’s camping ban, which was enacted in 2012, was unconstitutional. This past September, a Denver District Court judge overturned that ruling following an appeal by the City of Denver. The matter is now before the Colorado Supreme Court, which could put a final resolution to the case over a year away. McNulty has been serving as one of the lead attorneys on that case.

In September 2019, a federal court settlement of another legal action between homeless plaintiffs and the City of Denver took effect, requiring city officials to provide one week’s notice before sweeping encampments for public right-of-way violations. That settlement agreement also requires the city to offer the storage of belongings for those staying in encampments subject to sweeps. In this latest case, McNulty is also arguing that the City of Denver has been violating the settlement agreement.

Keep Westword Free… Since we started Westword, it has been defined as the free, independent voice of Denver, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who’ve won everything from the Society of Professional Journalists’ Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism’s existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our “I Support” membership program, allowing us to keep covering Denver with no paywalls.

Source Article

Next Post

13 Singaporean creatives on emerging stronger in 2020

Mon Dec 14 , 2020
To say that most people had the rug pulled out from underneath them in 2020 is, unbelievably, a real understatement. This year, with virtually no one spared, even our most well-laid plans went down the drain along with regular human contact. In response to early cases of the coronavirus, Singapore […]

You May Like