Douglas County OKs homeless camping ban

Commissioners unanimously approve prohibition

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 public property.

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

“navigators” who respond to homelessness, working with law enforcement when safety is a concern.

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

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

• Creeks, rivers, other bodies of water, or storm drainage areas that are not owned by the county;

SEE HOMELESS, P6