Colorado Rights Blog

ACLU of Colorado By: ACLU of Colorado 4.10.2015

John Carlson: The right to rest

(This guest column originally appeared in the Boulder Daily Camera. It was written by a Boulder County ACLU Chapter Board member.)

By John Carlson

Homelessness is not a crime. It’s a status, the product of poverty. Or mental illness. Or sudden misfortune, like a big medical bill that leads to a foreclosure. It’s generally acquired innocently or involuntarily, and sleeping on streets or parks is its inevitable consequence. That’s because human beings are biologically compelled to rest, whether by sitting, lying, or sleeping. And given that shelter is unavailable to many of the homeless — the Boulder shelter currently offers just 60 beds in the summer, more in the winter but still fewer than needed — it’s not clear what choice homeless people have but to sleep in parks or streets.

Yet in response to this involuntary act, Boulder, like other cities, has turned many of the homeless into criminals, including those who have been denied beds at public shelters. The city’s no-camping law, as it is known, is as absurd as it is cruel. It prohibits sleeping outside with “shelter,” defined as any protection from the elements other than clothing. So merely sleeping outside is not “camping,” but sleeping while using a blanket or sleeping bag is a crime. A few years ago, the Colorado Supreme Court refused to hear a case brought by the ACLU challenging the ordinance. David Madison was charged as an illegal “camper” after he slept outside in a sleeping bag, on a night when temperatures dropped to 11 degrees.

Madison had sought refuge at a homeless shelter earlier that evening, but there was no space for him. He was found guilty based on the trial court’s ruling that his frost-covered sleeping bag constituted shelter. Had he jettisoned the sleeping bag he would have suffered frostbite or hypothermia, or worse, but he wouldn’t have been a criminal.

A bill wending its way through the Colorado legislature aims at repealing no-camping ordinances like Boulder’s. Dubbed the Right to Rest Act (House Bill 15-1264), it is set for a hearing on April 15 before the Senate Veterans and Military Affairs Committee. It would protect the right of all people to rest or sleep in public places without discrimination; to eat and share food there; to have privacy in one’s belongings; and to occupy one’s legally parked vehicle. It would not stop police from intervening to prevent criminal activity, like trespassing, obstructing sidewalks, or aggressive panhandling.

The bill’s sponsors point to data showing that significant numbers of homeless people in Colorado have been ticketed or arrested for sleeping, sitting, or lying down in public areas. The sponsors also highlight the illusory appeal of criminal laws targeting the homeless. Jailing a few illegal campers doesn’t make them disappear. They just migrate to other cities, which in turn enact and enforce their own criminal bans.

The Boulder County ACLU supports the Right to Rest Act. It’s a protest against the immorality of criminalizing rather than confronting the problems of homelessness. If enacted, and we hope it is, it will tell cities struggling to deal with their homeless populations to do more than simply shift the problem from streets to jails. If it is defeated, the punitive approach favored by Boulder will continue to expand, eventually spreading criminal bans to all regions of the state and beyond, at which point a public that has steadfastly refused to build housing for its homeless populations will be forced to build new jails for all the criminals it has created.

If anything, the Right to Rest Act does not go far enough. It does not specifically repeal local laws banning sleeping in public places. Instead it guarantees the right to rest in public spaces “without discrimination based on housing status,” defining “discrimination” as any action resulting in disproportionate effects on the homeless. We fear that cities bent on defending their punitive policies will not bow to the clear intent of the law, convinced they don’t discriminate against anybody (who thinks otherwise?) and confident they can resist a legal test requiring proof of disproportionate effects. We want a state law that encourages clever solutions to the crisis of homelessness, not one that encourages clever legal arguments.

Granted, there may be valid environmental and sanitary reasons for a municipality to balk at an unqualified right to camp in all public spaces. The ACLU would not oppose reasonable restraints on that right. But these restrictions should be narrow in scope and should never be used to target, harass, and criminalize people who have no other options and nowhere else to go.

John Carlson is on the board of the Boulder County chapter of the ACLU.



  • Cedric Watkins is a father, uncle, entrepreneur-in-training, and a vital community pillar for many others. While behind bars, he has tirelessly devoted himself to serving his peers and his community. He developed gang disaffiliation programs for other incarcerated individuals and is currently involved with Defy Ventures. He sends letters and calls his daughter as much as he can.

    Cedric is currently in prison at Sterling Correctional Facility. He was convicted of aggravated robbery, burglary, kidnapping, theft and sentenced to 80 years; no one was seriously injured or killed. For comparison, a person convicted of second-degree murder in Colorado faces a maximum sentence of 48 years. Cedric has already served 20 years and has fully rehabilitated during that time.

    It’s time to bring Cedric home: Redemption is real. Clemency is compassion.

  • On November 21, 2016, 13 Aurora police officers responded to a simple noise complaint at Alberto Torres’s home. As happens all too often, Aurora police officers escalated this minor issue into a brutal affair. They beat Mr. Torres solely because he delayed exiting his garage to ask his wife to interpret for him. With that beating, the lives of Mr. Torres and every member of his family were changed and he has yet to recover. ACLU of Colorado fought to obtain justice for Mr. Torres, and Aurora has now paid him $285,000. But money is not justice, and the brutality of the Aurora Police Department against people of color has continued unabated.

    It doesn’t have to be this way.

    Imagine, if instead of 13 officers being dispatched to Mr. Torres’s home for a noise complaint, the City of Aurora sent a civilian-led response team to check on his welfare and ask that he and his friends lower their sound, resulting in a non-violent solution to a minor issue?

    ACLU Settles Case With Aurora After Police Brutalize and Unlawfully Arrest Alberto Torres

  • Hope is a discipline. It’s a commitment that together, we can create a more perfect union. We won’t rest until we fulfill the promise of equal rights for ALL people in the United States.

    Join us in our fight to fulfill this promise and move forward with hope by donating to the ACLU of Colorado. Your donation supports the ACLU’s strengths that make our work effective and collaborative.

    Donate now at

  • Anthony Martinez is 84-years-old and suffering from renal failure, as well as other serious medical conditions including dementia. He is currently incarcerated in the Sterling Correctional Facility, site of one of Colorado’s largest COVID-19 outbreaks with almost 600 active COVID-19 cases. He and his family are understandably terrified that he will catch the virus and die.

    In the midst of this public health crisis, incarcerated people as vulnerable as Anthony, could and should be immediately released to safely live out their remaining years with family.

    Read more about Anthony Martinez and other at-risk incarcerated people.