In 2016, the Denver Parks Department issued Temporary Directive 2016-1, which purported to authorize police to summarily banish people from city parks, with no hearing, conviction, or other due process, based on mere suspicion of illegal drug activity. Although the Temporary Directive was set to expire in six months, the Parks Director stated it might remain in place as a permanent rule.
The program gives police officers unilateral authority to ban persons suspected of “illegal drug activity” from city parks. According to the Directive, a person “need not be charged, tried or convicted of any crime, infraction, or administrative citation” for a suspension notice to be issued or effective. A ban lasts for 90 days and re-entry is punishable by up to a year in jail.
The ACLU conducted a review of suspension notices issued pursuant to the Temporary Directive. In a detailed letter to city officials, the ACLU demanded that Denver suspend enforcement of the Directive, revoke any suspension notices currently in effect, and abandon any efforts to make the banishment program permanent.
The ACLU also provided legal defense to Troy Holm, who was expelled from a city park and then prosecuted for criminal trespass when he returned to the park. The Denver County Court held that the Temporary Directive was unconstitutional and dismissed the prosecution. Denver appealed. The Denver District Court agreed that the Temporary Directive was unconstitutional, and it affirmed dismissal of the prosecution of Mr. Holm. The Parks Department declined to turn the Temporary Directive into a permanent rule.
ACLU Press Releases
- "ACLU of Colorado statement on Denver's new park banishment directive," September 1, 2016
- "ACLU calls on denver to end unconstitutional park banishment program," January 25, 2017
- "Denver's park banishment program ruled unconstitutional," February 22, 2017
- "Denver's park banishment program ruled unconstitutional (again)," October 26, 2017
Media
- "3,500 needles collected in 2016 at Denver parks prompt drug-user ban," The Denver Post, August 31, 2016
- "Crackdown on Cherry Creek trail drug use is appropriate, but suspensions aren't," editorial, The Denver Post, September 7, 2016
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“ACLU: Denver Parks Ban Is “Massive Civil Liberties Problem,” NextCity.org, September 2, 2016
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“ACLU: Denver Parks' Temp Drug-User Ban Is Unconstitutional and We May Sue,” Westword, September 2, 2016
- "Denver Is the Latest City to Ban People--Not Just Their Actions--From Public Parks," Slate, September 6, 2016
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“Denver hasn’t banned anyone from its parks lately. Meanwhile, the ACLU got involved.” Denverite, January 25, 2017
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“ACLU tells Denver to stop enforcing ejection of suspected drug users from parks,” The Denver Post, January 25, 2017
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“ACLU asks Denver to stop enforcing drug user ban in parks amid decline in suspensions,” The Denver Post, January 26, 2017
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“Judge: Denver's drug user ban in parks is unconstitutional,” 7 News, February 22, 2017
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“Denver can't keep mere suspects out of parks, a judge rules,” Gazette, February 22, 2017
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“Judge says Denver parks bans are unconstitutional, dismisses trespassing charge,” Denverite, February 22, 2017
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“Temporarily Banning Suspected Drug Users From Parks Ruled Unconstitutional,” Westword, February 23, 2017
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“Denver judge upholds ruling that directive banning drug users from parks is unconstitutional,” 7 News, October 26, 2017
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“Second judge rules Denver can’t ban drug users from parks without hearing,“ The Denver Post, October 26, 2017
