The Colorado Springs City Council approved an expansion of an ordinance Tuesday that prohibits anyone from sitting, lying, kneeling or reclining on sidewalks, trails, alleys and other rights of way – a law that critics say targets homeless people. 

The expansion of the area where the law will apply was approved on a 7 to 2 vote with Councilwomen Yolanda Avila and Nancy Henjum opposed. The council backed the expansion of the law after hearing from concerned residents who said the fines and potential jail time imposed for breaking the law make it harder for people to exit homelessness. Business representatives also spoke up saying the expansion could push more homeless residents to the fringes of the expansion area where they would be more of a problem for them.  

Councilman Wayne Williams was among the councilmen who backed the law, in part, because nonprofits have space for homeless residents to go during the day, he said. 

“If we were to reach a stage where there was insufficient space then we would react differently,” he said.

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 The law has applied to a portion of Old Colorado City and the core of downtown since 2016. The change will expand the downtown boundaries where the law applies north to Cache la Poudre Street and south to Cheyenne Road. The expanded area encompasses the sidewalks and roads around new venues including the Switchbacks Stadium and Robson Arena. It will also apply to sidewalks and rights of way around homeless service providers including the Springs Rescue Mission and the Salvation Army’s R.J. Montgomery Center.

Williams said the city would work with businesses and others on the east side of South Nevada not included in the expanded boundary who have concerns that more homeless people will be pushed into their neighborhood. The city may consider a boundary adjustment, he said. 

Southern Cross Shopping Center owner John Kim said he feared the new boundary could push more homeless people to his business and intensify issues he is already combating. 

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Nick Xenos, deputy director of the Vanguard School, had similar concerns the change would push more people using drugs to spend time outside of the school. The school pays for additional security now to address the issues, he said. 

The police department asked for an expansion of the ordinance based, in part, on data that show where trespassing and camping have been the most problematic around downtown, said Police Cmdr. John Koch.

He also noted that as more people have started visiting the new stadiums and U.S. Olympic and Paralympic Museum, people blocking sidewalks and rights of way have become more of an issue. 

Since the ordinance was first passed in 2016, the police department has issued 88 citations for violating it, he said. Once issued a ticket, the person must go to municipal court and the judge will decide if the individual will pay a fine, serve probation or go to jail. 

City of Colorado Springs Attorney Shantel Diane Withrow told city council she could not say how many people had served jail time for violating the existing ordinance. 

The police department expects to educate homeless residents over 60 days about the newly expanded area before they start to issue citations, Koch said.  

Jack Briggs, president and CEO of the Springs Rescue Mission, was one of the few who spoke in support of the expansion as proposed saying it would incentivize people to seek services. 

“We at the Rescue Mission believe it is a positive tool for compassion,” he said. 

Others disputed the positive effect of the law saying that the possible fines up to $500 and sentences of up to 90 days in jail are counterproductive and make it harder for people to find homes. 

“Please do not do this. Do not continue to criminalize homelessness. … It is a difficult and very scary place to be,” said Melissa Hall, who was homeless with her five children at one time. 

Instead of expanding the ordinance, the city could focus more on funding housing and the Colorado Springs Fire Department’s outreach program, said Jonathan Christiansen, with the Chinook Center, a nonprofit that works on social justice issues. The fire department employs behavioral health professionals among others to help people exit homelessness and get treatment for mental illness and addiction. 

Police can enforce existing trespassing and camping laws, they don’t need an expansion of the ordinance against sitting or lying in rights of way, Christiansen said. 

“It’s really just a heartless attempt to brush people under the rug,” he said. 

Henjum said she would like the city to better track and understand how the law is enforced. 

She also called on the city administration to propose permanent funding in next year’s budget for the fire department’s outreach teams that currently rely on grants.