Douglas County commissioners approve homeless camping ban

BY ELLIS ARNOLD EARNOLD@COLORADOCOMMUNITYMEDIA.COM

Amid an ongoing crisis of homelessness in the Denver metro area, Douglas County’s elected leaders unanimously approved a law to ban unauthorized camping on county property in areas outside of cities and towns.

Area residents have expressed fears in recent months about the possibility of more shelter for people experiencing homelessness in Douglas County, a topic the county attorney addressed before the ordinance passed.

“Our goal is to work with our partners throughout the state to make sure that shelter is available and we transport individuals who need that shelter to that already-existing shelter,” Je Garcia, county attorney, said at the June 27 county commissioners meeting. “We are not going to create new shelters in Douglas County.” e conversations about shelter and a long-discussed potential restriction on camping in the county are intertwined because of recent court cases along the Front Range.

Commissioner Abe Laydon and others have referenced People v. Wiemold, a district court case out of Fort Collins where a judge ruled a man couldn’t be cited for violating a camping ban because there was no shelter available to him.

“It is important to note that a party cannot violate this ordinance if there is no other alternative shelter available,” Garcia said about the county’s new law.

“We have taken direction from Colorado courts on this, and that’s why the exception exists that permits nonenforcement where there is no shelter available,” Garcia said, referencing a legal case out of Boulder.

What’s in the ban e county’s new law is not a universal ban on camping across all

Instead, it concerns camping on county property, which the ordinance de nes as “all land, including, any park, parkway, recreation area, roadway, open space, or any other public property owned by Douglas e new law applies in “unincorporated” Douglas County — in other words, areas that sit outside of city or town boundaries. e county can only give an individual a citation if the person does not have county permission to camp on county property, the county is aware of available alternative shelter and the person refuses shelter, Garcia told Colorado Community Media. e network provides shelter from Jan. 2 through March 31, according to its website. Guests stay at local churches that open their facilities on a rotating basis. In 2022, the network sheltered ve households, according to Laydon.

Douglas County has no large-scale homeless shelter, but the Winter Shelter Network — an organization of churches — serves Douglas County women and children experiencing homelessness.

But the ordinance can be enforced based on shelter outside of Douglas County, Garcia said.

Asked whether the county must speci cally o er to transport a person to a shelter, Garcia said: “ e ordinance is silent regarding transportation to a shelter. However, (as) a matter of procedure, the HEART team does o er rides to shelters.” at’s a reference to Douglas County’s Homeless Engagement, Assistance and Resource Team of “navigators” who respond to homelessness, working with law enforcement when safety is a concern. e new law also targets encampments in general, stating: “No person shall erect or use any tent, net, or other temporary structure for the purpose of shelter or storage of property on county property without rst having obtained the written permission of the authorized o cer of such public property.” are not owned by the county;

• Parks, open space or other recreation areas that are not owned by the county, such as those owned by local governments called metropolitan districts or other entities;

• And areas in the right-of-way, such as sidewalks or other areas along the road, along state or federal roads or highways, such as those owned by the Colorado Department of Transportation or U.S. Department of Transportation.

“ e county does not have laws prohibiting camping on these types of property,” Garcia said. “However, other state laws may prohibit unauthorized camping in these areas.” e Highlands Ranch Metro District is a type of government body called a special district — not a municipality — and is located in unincorporated Douglas County. A rule related to parks and open space says camping is prohibited without a permit. at rule was added in 2018, according to Sherry Eppers, metro district spokesperson. e rule applies to all Highlands Ranch Metro District-owned property — that includes parks, open space, parking lots, parkways and property surrounding o ce buildings, Eppers has said.

Camping bans vary around metro area Laws that may ban camping by the unhoused vary widely across the Denver metro area, and some local governments in Douglas County already had their own bans.

Parker approved a camping ban in June 2018. Overnight camping on public property is not allowed in the City of Lone Tree, according to the city’s website.

Complicated picture

People who have experienced homelessness told CCM in recent years they’ve had concerns that led them to avoid shelters, including worries about safety or being separated from a companion. e advocacy group Denver Homeless Out Loud has also expressed those concerns.

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SimpleStepsBetterAir.org e term “temporary structure” includes “any structure used to shelter a person or property after sundown and all enclosed structures,” the ordinance says. e ordinance is set to take e ect as of July 31, according to its text.

A person who violates the ordinance “shall be punished by a ne of not more than $1,000,” the law says.

Not universal ban e new law’s focus on land owned by the county leaves a less-clear picture of what enforcement could look like on other types of land.

CCM asked the county about the following other types of land:

• Creeks, rivers, other bodies of water, or storm drainage areas that e Colorado Coalition for the Homeless has argued that camping bans don’t solve homelessness but, rather, only may eliminate the visibility of homelessness for a period of time.

Cathy Alderman, a spokesperson for the Colorado Coalition for the Homeless, in March 2022 pointed to what she called “the unproductiveness of having competing camping bans between cities,” arguing that camping bans will push people back and forth across city and county lines.

Denver in 2012 banned staying in an outdoor place with a tent, sleeping bag or other shelter, a policy that advocates for the homeless have said may be pushing more homeless individuals into the suburbs.