After two days of evidentiary hearings in federal court, Denver homeless residents and advocates will be continuing their fight against the city’s homeless sweeps into the new year.

The lawsuit, filed in October, is suing the city of Denver for forcefully disbanding makeshift homeless encampments during the COVID-19 pandemic, a practice the suit says goes against guidelines from the Centers for Disease Control and Prevention to avoid spreading the virus.

The plaintiffs, which include Denver Homeless Out Loud and 10 homeless Denver residents, are also suing the state of Colorado for a sweep of Lincoln Park in July that involved Colorado State Patrol troopers.

Denver’s second sanctioned homeless camp is now open and at full capacity

On Tuesday and Wednesday, the plaintiffs and defendants presented numerous witnesses for testimony and cross-examination, including homeless individuals and officials from Denver Public Health and the Denver Department of Public Health and Environment.

A third day of the hearing is set to be scheduled in early 2021 by Judge William Martinez, who is presiding over the case in the U.S. District Court of Colorado. The third day will include closing arguments and witness testimonies from four witnesses for the city and one for the state.

So far, the opposing teams have been arguing the constitutionality of conducting homeless sweeps.

The plaintiffs claim sweeps violates the Fourth Amendment ban on unreasonable searches and seizures, the Fourteenth Amendment right to due process and the Eighth Amendment ban against cruel and unusual punishment, among others.

During the hearings, many homeless witnesses said their property has been damaged or stolen during the sweeps, including bikes, tents and coolers, making it harder to survive. 

Three homeless camps were cleaned up throughout the week

Volunteers also said the sweeps make it difficult to keep track of residents who need assistance, including one health worker who said she hasn’t been able to find a homeless resident who was struggling with diabetes since her encampment was swept.

The plaintiffs are asking the city to cease the sweeps until the pandemic has ended. However, the city argues that it is within its right to conduct the sweeps and that they are necessary for maintaining public health.

City officials spoke of an abundance of trash, feces and drug paraphernalia around the encampments that must be dealt with.

The plaintiffs have noted alternatives to sweeps to mitigate public health risks, including putting port-a-potties, hand washing stations and trash cans near the encampments. In response, city officials pointed to limited budgets.

Anxiety lingers as COVID-19 outbreak continues in Denver’s homeless population

The lawsuit has also centered around whether Denver is in violation of CDC guidelines.

In May, a DDPHE official emailed a CDC official, asking if there was a way around the anti-sweeping recommendation. The CDC official said clearing encampments “is not ideal” but “alternative options need to be considered” if the encampments are unsafe or unsanitary.

DDPHE took this as permission to restart the sweeps that the city had suspended early in the pandemic. The city is using the email in the lawsuit, arguing that it is proof the city has been compliant with CDC guidelines.

Following the third hearing, Judge Martinez could grant the preliminary injunction, banning or restricting the sweeps, or decline to issue the preliminary injunction at which point the lawsuit would proceed.