To use the crosswalk or to jaywalk – that is the question.

And it’s a question the Denver’s city council took seriously during meeting on Monday, when the councilmembers decided to adopt a bill decriminalizing jaywalking in a 10-3 vote.

Critics of the bill said it sends the wrong signal to the public, particularly at a time when traffic crashes that kill pedestrians are on the rise. Supporters counter that decriminalization is warranted because people of color disproportionately get get cited for jaywalking. 

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A few – District 4 Councilwoman Kendra Black, District 6 Councilman Paul Kashmann and District 8 Councilman Christopher Herndon – voted against the bill. 

Black wanted to go on the record opposing the proposal and called it out for a separate vote.

Normally, bills appear before council twice: A first reading, when it is ordered published, and a second reading, when it is adopted during the council’s legislative session. If a bill or resolution is not called out by a councilmember before 1 p.m. Monday – or the day of council’s meeting – it is adopted in a block vote with all members

Black has been vocal in her opposition to the bill since it was introduced at a land use, transportation and infrastructure committee meeting on Jan. 10. 

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“Recently [the Colorado Department of Transportation], released data that, in the past 10 years, there’s been a 57% increase in traffic deaths and 36% of those are pedestrians and bicycles,” Black said on Monday. “I think the problem with this bill is that it sends a message that jaywalking is okay.” 

On Jan. 23, CDOT reported that 745 people died in traffic crashes last year, the most since 1981. In Denver alone, 82 died.

Already this year, six people have died from traffic crashes, according to Denver’s Vision Zero dashboard. 

Black said the message the council is sending is especially dangerous to children, who may try to run across a busy city block, thinking a car is still far away. She said the bill also contradicts a lot work Denver has taken to improve pedestrian safety, which included fighting for money to install new pedestrian signals in each district. 

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Black also pointed to the “Safe Routes to School” program, which seeks to create safe and equitable environments for students traveling to and from school. Other initiatives, such as Vision Zero, seek to eliminate traffic related fatalities entirely. 

The bill, known to council as 23-0015 or the “Freedom to Walk” bill, initially cleared the land use, transportation and infrastructure committee on Jan. 3. The bill resulted from a collaboration among District 9 Councilwoman Candi CdeBaca, District 7 Councilman Jolon Clark and District 3 Councilwoman Jamie Torres. 

CdeBaca said they reviewed 134 jaywalking citations and that a majority of these were issued in Denver’s “inverted L” areas to the North of Interstate 70 and West of Interstate 25 that she says have historically seen higher levels of citations against people of color.  

“When we’re looking at data, we’re looking for disproportionality,” CdeBaca said at the Jan. 10 committee meeting. “Although only 10% of Denver’s population is Black, a staggering 41% of jaywalking citations are given to Black residents.”

Additionally, CdeBaca said, 25% of the citations were issued to homeless residents. She said 56% of the citations were give to white residents, who account for 80% of Denver’s population. 

Black said she is not convinced police specifically targeted anyone. 

“With an average number of jaywalking citations of 22 per year, there’s absolutely no data supporting the idea that the police are targeting any group,” she said. 

While the council approved decriminalizing jaywalking in Denver, it remains illegal on the state level. Any person who fails to follow the rules of crossing streets is subject to a class B traffic violation and a fine of up to $100, according to a local legal firm.

Mayor Michael Hancock still needs to sign the bill in order for it to take effect, and the signed ordinance has to be filed by the city clerk. Hancock can veto the bill, but the council can override his veto with nine votes.