Colorado Health Network, Inc. and Southern Colorado Harm Reduction Association v. City of Pueblo

The ACLU of Colorado filed a lawsuit on June 4, 2024, seeking a temporary restraining order and preliminary and permanent injunction to immediately halt enforcement of a Pueblo City Council ordinance criminalizing the operation of syringe exchange programs (SEPs) in Pueblo. Despite 30 years of evidence demonstrating that SEPs reduce the spread of infectious diseases like HIV and Hepatitis C, reduce overdose deaths, reduce health care costs, and reduce the incidence of improperly discarded syringes, Pueblo enacted the ordinance on May 16, 2024, over the opposition of community members and public health experts.

The ACLU of Colorado filed the lawsuit on behalf of the Colorado Health Network (CHN) and the Southern Colorado Harm Reduction Association (SCHRA), two nonprofit organizations that have been safely operating SEPs in Pueblo under State and County authorization since 2014 and 2017, respectively. The complaint asserts that the Pueblo ordinance criminalizing the operation of SEPs is preempted by Colorado state law, which specifically authorizes and funds the SEPs.

Colorado first authorized the operation of SEPs by statute in 2010. At that time, state law required SEPs to obtain prior approval from a county or district board of health. In 2020, in order to remove the issue from political influence, the State modified the law to authorize qualified and experienced non-profits like CHN and SCHRA to operate SEPs without prior board approval.

SEPs such as those operated by Colorado Health Network and SCHRA are a powerful tool in preventing the spread of infectious diseases, including HIV and Hepatitis C. Additionally, SEPs cultivate a relationship with participants and can connect them to resources such as overdose prevention education, substance use disorder treatment providers, STI testing, and more. Evidence demonstrates that new users of SEPs are five times more likely to enter drug treatment and three times more likely to reduce and/or stop using drugs than those who don’t use the programs.

This case, as part of the ACLU of Colorado’s Campaign for Systemic Equality, is just one example of our commitment to ensuring all Coloradans have access to essential healthcare, education, and harm-prevention.

On June 6, 2024, the Pueblo District Court granted a Temporary Restraining Order, enjoining enforcement of the Pueblo ordinance. The Court consolidated the merits with the preliminary injunction request and held a final evidentiary hearing on August 13, 2024. Following that hearing, the Court ruled that the ordinance put in place by Pueblo City Council to prohibit operation of syringe exchange programs is preempted by state law. This means that syringe exchange programs can continue to be utilized, and the ordinance can no longer be enforced.

ACLU PRESS RELEASES:

District Court Judge Rules Against New Ordinance, Syringe Exchange Programs can Continue to Operate in Pueblo, August 23, 2024

Court Grants Temporary Restraining Order, Pueblo Syringe Exchange Programs can Resume Services Immediately, June 6, 2024

ACLU of Colorado Sues City of Pueblo, Seeks to Halt Enforcement of Prohibition on Syringe Exchange Programs, June 4, 2024

MEDIA:

"Syringe Access Programs, City of Pueblo Await Judge's Decision on ACLU Lawsuit", The Pueblo Chieftain, August 14, 2024

"Are Needle Exchange Programs Still Banned in Pueblo", KOAA News5, August 13, 2024

"Harm Reduction Attorneys Trade Arguments with Pueblo in Needle Exchange Case", Colorado Newsline, August 13, 2024

"Pueblo Needle Exchange Ban Blocked For Now After Judge Issues Temporary Restraining Order", The Pueblo Chieftain, June 6, 2024

"ACLU of Colorado Files Lawsuit Against Pueblo's Ban on Needle Exchange Programs", Denver 7, June 5, 2024

"The ACLU Sues Pueblo After the City Banned Syringe Exchanges", 9 News, June 5, 2024

"Colorado Harm Reduction Groups Sue Pueblo Over Syringe Exchange Ban", Colorado Newsline, June 5, 2024