Colorado Politics

Denver dismisses ban barring homeless camp sweeps in cold weather

The Denver City Council on Monday failed to override Mayor Mike Johnston’s veto of a bill intended to ban moving homeless people off the streets in frigid temperatures.

The ordinance would have prevented the city from moving homeless people —or sweeping encampments — from outdoor living situations in temperatures below 32 degrees.

The council approved the bill by a seven-to-six vote two weeks ago. Johnston then vetoed the measure, meaning the council needed nine votes to override his decision.

Council members again voted seven to six on Monday.

The banning of homeless sweeps under 32 degrees represents the council’s third failed veto override vote in 13 years.

In Johnston’s first veto since taking office in July, the mayor’s office said the proposal “would make it more difficult for the city to help people experiencing homelessness get inside during cold, unsafe conditions.”

The ordinance was intended to keep the city sweeps from disrupting homeless people while they are trying to stay warm in current shelters such as tents when temperatures can pose a threat.

“Though well-intentioned, this legislation would restrict the city’s ability to do this life-saving work for approximately four months of the year,” Johnston told the council in his veto letter.

Johnston, and council members who voted “no” to the ordinance, argued the bill violates the city’s existing camping ban ordinance and goes against the administration’s housing plan.

The primary sponsor of the bill, at-large councilmember Sarah Parady, described the ordinance as a “small change” to the city’s authority for sweeping encampments in the cold and that it is “inhumane” to move people in those conditions.

District 6 Councilmember Paul Kashmann, who supported the ordinance, suggested recreating a sub-32 degree camp sweep ban bill “that fits both sides,” he said.

Some who voted no cited difficulties the Department of Public Health & Safety would face being limited to moving homeless people in freezing weather. Some said it is more inhumane to leave people outside in tents, where they are more exposed to dangerous temperatures that could result in injury, or death.

“I have never seen Denver more divided,” District 1 Councilmember and Council President pro-tem Amanda Sandoval said.

Johnston said in his veto letter the city doesn’t plan to sweep homeless people encampments in frigid temperatures when temporary housing is not offered, “with the exception of major public health and safety risks,” his letter said.

District 3 Councilmember and Council President Jamie Torres, in support of the ordinance, said she agrees with Johnston about no sweeps without housing but “contends that this is a public safety risk.”

“I disagree with that part,” Torres said.

Homeless advocates gathered outside the Denver City and County building Monday afternoon.

Jerry Burton, a veteran who ended up living on the streets, spoke about being swept from the 27th Street and Arapahoe Street encampment on Nov. 27.

Burton described the sweep as “brutally cold” and “it felt humiliating” for the city to move homeless people during that weather.

“It made me feel less of a person,” Burton said. “That my constitutional rights have been violated.”

Burton said he has since found housing.


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