In this case, the ACLU of Colorado provided criminal defense for Adam Wiemold, a homeless man who was charged with illegal “camping” by Fort Collins police for sleeping in his vehicle at a designated rest area where truck drivers regularly sleep in their vehicles undisturbed by police.
The Fort Collins camping ordinance forbids sleeping in public spaces, including inside a person's own legally-parked vehicle.
The ACLU relies on a federal court of appeals ruling that holds that the Constitution forbids cities from prosecuting homeless persons for sleeping in public places when they have no alternative. In his job at a local nonprofit, Mr. Wiemold works in a supervisory role with clients in the unhoused community. Because sleeping in a shelter with clients poses unacceptable boundary issues, he has no choice but to sleep in public places.
Mr. Wiemold was convicted in Fort Collins Municipal Court. On appeal, the Larimer County District Court reversed the conviction, holding that the prosecution in Mr. Wiemold's case violated the Constitution.
ACLU news releases:
- "ACLU of Colorado will defend Fort Collins man who was a vicitm of selective enforcement of City's anti-homeless camping ban," ACLU News Release, November 1, 2018
- "ACLU heads to court on motion to dismiss case of Fort Collins man who was a victim of the City's camping ban," ACLU News Release, May 6, 2019
- "Victory in Fort Collins: court rules camping ban prosecution violates Constitution," ACLU News Release, February 9, 2021
Media:
- "ACLU to defend Fort Collins homeless man cited for sleeping in his vehicle," Coloradoan, November 1, 2018
- "ACLU challenge of Fort Collins' camping ban heads to district court," November 27, 2019
- "Judge rules Fort Collins violated man's constitutional rights when it prosecuted him for sleeping in his car," Colorado Newsline, February 9, 2021
- "Fort Collins unconstitutionally enforced camping ban, judge rules in ACLU case," Coloradoan, February 9, 2021
- "Larimer County court rules it’s unconstitutional to prosecute Fort Collins’ camping ban," Denver Gazette, February 9, 2021
- "Judge rules Fort Collins camping case ban violated Eighth Amendment," Westword, February 10, 2021
- "Fort Collins won't appeal ruling on ACLU camping ban lawsuit," Coloradoan, March 3, 2021
- "Boulder officials defend urban camping ban; Councilwoman requests reevaluation forllowing courts this month striking down similar rules," The Denver Post, December 31, 2019
