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Colorado ACLU demands 34 municipalities repeal ordinances that ban begging

Letter: Broadly worded laws are “legally indefensible”

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DENVER, CO. MONDAY, DECEMBER 5, 2005 - On the day that the Denver City Council is set to have a final approval of a downtown panhandling ordinance, a homeless Mike McClure holds his sign while panhandling at Champa Street and the 16th Street Mall. McClure who is disabled by arthritisis and a broken foot has been homeless "this time" for about 8 months. When asked about the ordinance McClure said," Just criminalizing being poor doesn't mean it goes away." (DENVER POST PHOTO BY CYRUS MCCRIMMON cell: 303 358 9990, home 303 370 1054) (Photo By Brian Brainerd/The Denver Post via Getty Images)
Denver Post file
Mike McClure, a homeless man, holds his sign while panhandling at Champa Street and the 16th Street Mall in 2005.

The ACLU of Colorado has sent a letter to 34 Colorado municipalities demanding that they immediately repeal ordinances that criminalize begging, calling the laws “legally indefensible.”

Specifically, the targeted ordinances make it a crime to “loiter for the purpose of begging” and are broader prohibitions than even some laws that restrict the times and places of such activity. The ACLU challenged the latter type in federal court last year and won.

Concerned by an increase in enforcement in recent years, the ACLU sent its letter via e-mail to the Colorado municipalities.

“Not only do these anti-begging ordinances violate the constitutional rights of people experiencing homelessness, but they are costly to enforce and serve to exacerbate problems associated with extreme poverty,” said the letter, signed by legal director Mark Silverstein and staff attorney Rebecca Wallace.