In reaction to reports that some panhandlers in downtown Colorado Springs were intimidating and harassing pedestrians, the City enacted an ordinance that establishes a “Downtown No-Solicitation Zone” that applies in a twelve-city-block area that includes a city park and the central business and shopping district of downtown Colorado Springs.
The expansive definition of “solicitation” in the new ordinance banishes a substantial amount of peaceful, non-intrusive, and constitutionally-protected expression. Nonprofit organizations are forbidden to ask passersby for donations. Street musicians violate the ordinance by playing music while silently soliciting tips with a hat or open guitar case. Needy persons violate the ordinance by silently holding a sign that reads: “please help.” Hawking newspapers violates the ordinance, which also forbids the Salvation Army to deploy the familiar bell-ringers in Santa costumes.
Shortly after the ordinance was enacted, the ACLU filed a complaint in federal district court seeking an order permanently enjoining enforcement of the ordinance. Plaintiffs include several non-profits that seek donations in the downtown area; a street musician who plays music for tips in the downtown area; a needy person who requests assistance from passersby in the downtown area; and two Colorado Springs residents who want to receive requests for assistance from poor persons, non-profits and street musicians while in downtown Colorado Springs.
After an evidentiary hearing, the court ruled that the no-solicitation zone violated the First Amendment. In an oral ruling, it issued a preliminary injunction. Colorado Springs then repealed the ordinance establishing the "no solicitation" zone.
ACLU news releases:
- "ACLU files lawsuit challenging Colorado Springs no-solicitation zone," ACLU News Release, Novemer 28, 2012
- "ACLU of Colorado legal action against Colorado Springs continues; judge will issue ruling on First Amendment "no solicitation zone" case next Tuesday," ACLU News Release, December 14, 2012
- "ACLU of Colorado wins first round in First Amendment lawsuit against Colorado Springs; City "no solicitation zone" found to be "likely" unconstitutional," ACLU News Release, December 19, 2012
- "Colorado Springs City Council decides to repeal panhandling ban," ACLU News Release, March 12, 2013
Media:
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“Panhandling proposal draws civil rights concerns,” Colorado Springs Gazette, August 27, 2012
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“Colorado Springs bans panhandling, other street solicitations,” The Denver Post, November 13, 2012
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“Council outlaws panhandling, solicitation downtown,” Colorado Springs Gazette, November 14, 2012
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“Springs bans solicitation in downtown zone,” Colorado Springs Gazette, November 27, 2012
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“ACLU to challenge new panhandling ban,” Colorado Springs Gazette, November 28, 2012
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“City's planned panhandling ban remains in effect, for now,” Colorado Springs Gazette, November 30, 2012
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“Mayor Bach to testify in federal court on panhandling ban lawsuit,” Colorado Springs Gazette, December 12, 2012
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“Judge delays ruling on city panhandling ban,” Colorado Springs Gazette, December 13, 2012
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“Bans on panhandling are a step too far,” Editorial, The Denver Post, December 20, 2012
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“20-foot rule stands in panhandling ordinance, judge says,” Colorado Springs Gazette, February 8, 2013
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“Panhandling law not dead, yet,” Colorado Springs Gazette, February 16, 2013
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“Colorado Springs media hands city an unwarranted panhandling ‘win,’” Colorado Springs Independent, February 20, 2013
ACLU case number
2012-24
