Town of Bennett v. Rambo; Loitering for the Purpose of Begging

The ACLU of Colorado wrote to 34 Colorado municipalities that make it a crime to “loiter for the purpose of begging.” The letters demanded that municipal authorities stop enforcement and take immediate steps to repeal what the letter characterized as “legally indefensible” ordinances.

In the summer of 2016, Mike Rambo, a man who was enduring a period of homelessness, asked the ACLU of Colorado for legal assistance. He had been peacefully displaying a sign asking for charity when he received a citation for violating a Town of Bennett ordinance. The ordinance prohibited “loitering for the purpose of begging.” Mr. Rambo knew that his conduct was protected by the First Amendment and that the ordinance was unconstitutional. But he was unable to convince the police officer or the prosecutor. When he contacted the ACLU, he had an upcoming bench trial where he faced a potential penalty of a $1,000 fine and up to a year in jail.

Laws that prohibit “loitering for the purpose of begging” were likely drafted many years ago, before courts recognized that asking for charity, even by means of panhandling, is expression that is protected by the First Amendment. These older ordinances are much broader, and much more obviously unconstitutional, than the panhandling ordinances in Colorado Springs, Grand Junction, and Fort Collins that government attorneys attempted to defend (but unsuccessfully) in court challenges brought by the ACLU of Colorado in the 2010s. Instead of attempting to limit the restrictions to certain times, to certain places, or to panhandling in a certain manner, these older ordinances forbid asking for charity anywhere in the municipality, at any time, and by any means, including by peacefully sitting and holding a sign.

Two years earlier, letters from ACLU lawyers persuaded the City of Durango to repeal an identical ordinance that prohibited “loitering for the purpose of begging.”

In 2016, ACLU lawyers believed that even the most conservative city attorneys and prosecutors would recognize that ordinances prohibiting “loitering for the purpose of begging” could not withstand First Amendment scrutiny.

ACLU lawyers spoke with the Town of Bennett’s prosecuting attorney, who agreed to dismiss the charge against Mr. Rambo.

The ACLU of Colorado then wrote to 34 Colorado municipalities that, like Bennett, make it a crime to “loiter for the purpose of begging.” The letters demanded that municipal authorities stop enforcement and take immediate steps to repeal what the letter characterized as “legally indefensible” ordinances.

Each of the 34 jurisdictions agreed to stop enforcing the antiquated ordinances and begin the necessary steps to repeal them.

The municipalities that received the ACLU’s letter are:

• Avon
• Bennett
• Brighton
• Buena Vista
• Carbondale
• Cherry Hills Village
• Cortez
• Crested Butte
• Cripple
• Creek
• Del Norte
• Dillon
• Eaton
• Englewood
• Firestone
• Garden City
• Gilcrest
• Green Mountain Falls
• Johnstown
• La Junta
• Leadville
• Lochbuie
• Mead
• Meeker
• Milliken
• Minturn
• Nederland
• Oak Creek
• Platteville
• Rifle
• Rocky Ford
• Salida
• San Luis
• Severance
• Timnath

“Rifle amending loitering law,” Post Independent, September 22, 2016

“Rifle holding on loitering ordinance,” Post Independent, September 8, 2016

“ACLU chastises Weld County communities for outdated begging ordinances,” Greeley Tribune, September 3, 2016

“Colorado ACLU calls for repeal of local ‘loitering-to-beg’ laws,” Longmont Times-Call, September 2, 2016

“Thirty-four Colorado cities must repeal unconstitutional loitering laws,” ACLU of Colorado News, August 31, 2016

“ACLU wants 34 Colorado communities to drop panhandling bans,” 11 News, August 31, 2016

“ACLU wants 304 Colorado communities to drop panhandling bans,” Aurora Sentinel, August 31, 2016

“ACLU targets loitering laws in two NoCo towns,” Coloradoan, August 31, 2016