A Denver District Court judge ruled Sunday that portions of Initiative 303 on the November ballot are “unlawful,” removing the initiative's deadline for the city to enforce its urban camping ban.
Prior to this ruling, Initiative 303 could have required the city to take action against reported illegal camps within 72 hours and allow citizens to sue if the city fails to do so. The initiative also requires the city to establish four authorized camping locations with running water, restrooms and lighting.
Sunday’s decision comes after the City Attorney’s Office filed a lawsuit against the initiative’s sponsors on Oct. 15, arguing that it “exceeds the legislative authority of voter initiatives." Judge Darryl Shockley ruled in favor of the city.
“Initiative 303 improperly infringes on the discretion of law enforcement to prioritize its response to citizen complaints of illegal activity and seeks to manage the manner in which Denver enforces the (Urban Camping Ordinance),” the ruling said.
In the lawsuit, City Attorney Kristin Bronson said numerous factors can contribute to how long the city takes to respond to illegal camps, including health and safety concerns, law enforcement resources, the source of the complaint and whether there is probable cause for enforcement.
With this ruling, Subsection C of the initiative — which contains the 72-hour deadline and the power for citizens to sue the city over failure to comply — will be removed and will not be implemented if the initiative is passed by voters.
Lead defendant Garrett Flicker, chair of Denver’s Republican Party, called the ruling “disgusting” and an attempt at “voter suppression.”
“They’re essentially saying, don’t vote for this because now it’s bogged down in the courts and it’s actively turning off voters,” Flicker said. “It’s an incredibly sad thing to see. ... It’s very disingenuous. Anything to try to circumvent the will of the voter is not okay.”
Flicker said he intends to appeal the judge’s decision if Initiative 303 passes on Tuesday.
The ruling comes less than 48 hours before the deadline for Denver voters to submit their ballots. As of Sunday evening, 53,793 voters had already cast their ballots in Denver, according to the Secretary of State’s Office.
Jacqlin Davis, public information officer for the City Attorney’s Office, said the ruling does not impact the voting process as the rest of Initiative 303 will be implemented if the initiative is passed by Denver voters.
“Voters should be confident that their ballots will be received and processed as usual," Davis said. “Denver has great respect for the voter initiative process, but this process is not without its limits and it must be lawful.”
Davis did not respond to questions regarding how or if the city would inform voters that Subsection C of Initiative 303 is no longer valid.
Flicker said the judge’s decision is “unfair to the voters” who already voted expecting the initiative to be fully implemented.
“The city had numerous times to bring up this issue ... but no, they waited a week before the election,” Flicker said. "We're going to fight this, we’re going to appeal this. I’m confident that we’re going to win it and we’ll make sure that the will of the people is done.”
The judge also denied Flicker’s motion to dismiss the lawsuit and his request for the city to cover his attorney fees and costs pursuant to the lawsuit.
The lawsuit comes after, in September, the City Council made a proclamation urging residents to vote against Initiative 303, saying it contradicts federal court orders requiring the city to provide at least seven days notice before shutting down large camps.
Flicker has spoken against this interpretation of the initiative, arguing that the language does not say the camps must be shut down, but only that some form of action must be taken, like posting a notice.
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