"It is with deep sorrow that we at the American Civil Liberties Union of Colorado learned of the recent passing of Arlette Baer.  As a dedicated volunteer at the ACLU for nearly four decades, Arlette’s contributions had an immeasurable impact on our mission to protect and defend the rights of people throughout Colorado.
"We send our thoughts and condolences to the Baer family.  At our 2014 Annual Meeting, we were honored to award the first-ever Arlette Baer Volunteer of the Year Award.  We will continue to give the award every year in Arlette’s memory to recognize those who have followed in her path and to commemorate her service to our organization, for which we are eternally grateful."

The following tribute was written by ACLU of Colorado Operations Manager Caryn Osterman and included in our 2014 Annual Report:
When we reflect on how fortunate we are to have such valuable and dedicated volunteers at the ACLU of Colorado, the name Arlette Baer always comes up.
Arlette volunteered for the ACLU for almost 40 years.  She started as an intake volunteer, answering calls from those seeking legal assistance back when our office was located in a two-story house on Pennsylvania Street.
Eventually, Arlette became the office’s membership director, volunteering four hours a day, five days a week. When membership soared after 9/11 to over 11,000 members, Arlette tracked every single one of them.
Before the ACLU, Arlette volunteered with the United Farm Workers, picketing in support of boycotts throughout the state.  She also participated in anti-war protests during the Vietnam era.
Her daughter Simmie, herself a dedicated juvenile defense attorney, says of her mother’s experience at the ACLU of Colorado, “The ACLU was my mother’s home away from home. From the time it was an office of three people, through its many transitions and buildings, she considered everyone her family and made sure she got to the office by 7 in the morning to make coffee.  Her decades at the ACLU provided her friendship, purpose, and the good fight!”

Date

Wednesday, November 19, 2014 - 2:35pm

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(Written by ACLU of Colorado Public Policy Director Denise Maes and published in the November 16 Denver Post)

Protecting public health is certainly not the only, or even the main, motivation behind the proposed smoking ban on the 16th Street Mall. Rather, police would gain another tool of selective enforcement to target, harass and ultimately displace the homeless population from downtown.
Across the state, new laws are being added every day to push people living in poverty out of sight and on to other communities. Boulder officials brag openly that they used a similar smoking ban to drive the homeless population out of its downtown municipal campus.
Smoking bans are particularly troublesome because of their outsized impact on people with mental illness. According to the Center for Disease Control, 31 percent of cigarettes are consumed by adults who suffer from mental illness.
Laws targeting homeless and vulnerable populations purport to outlaw behavior, but in reality they outlaw people and deny those individuals the dignity and personal liberty that every person deserves.
Denise Maes, Denver

 

Date

Monday, November 17, 2014 - 10:33am

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More and more cities around Colorado are passing new laws or enforcing old ones to target, harass, and displace people living in poverty. At our encouragement, the City of Durango recently stopped enforcing a loitering ordinance that infringed on peaceful, non-threatening speech.

As reported in the Durango Herald:

Durango’s loitering law questioned by group

Musician ticketed after business owner complains

The city of Durango has stopped enforcing a loitering ordinance after the American Civil Liberties Union of Colorado argued the ordinance is unconstitutional.

Durango Police Chief James Spratlen, in an Oct. 24 memorandum, ordered officers to not arrest suspects or issue tickets for loitering. The policy change came after the ACLU of Colorado contacted city officials to raise questions about the ordinance’s legality.

The ordinance says “it shall be unlawful for any person to loiter for the purpose of begging.”

The civil-liberties organization said playing music on public sidewalks and soliciting donations is protected by the First Amendment.

“The Durango ordinance is far broader than many of the anti-panhandling regulations that courts have struck down in recent years,” Mark Silverstein, legal director for the ACLU of Colorado, said in a Oct. 8 letter to city attorney Dirk Nelson. “The ordinance prohibits peaceful, passive, nonintrusive and nonaggressive requests for assistance, and it applies on public property everywhere in the city. The ordinance is legally indefensible.”

The city of Durango quickly backed down. Spratlen ordered officers not to arrest, issue summons or give warnings based on the loitering ordinance. He said Durango city officials are studying other cities that have altered similar ordinances after court rulings. Until a new ordinance is developed, officers will have to rely on other ordinances to deal with illegal behavior, Spratlen said.

Spratlen and Nelson could not be reached for comment Tuesday.

Local codes that target homeless people are common, Silverstein said. The ACLU is battling Grand Junction in federal district court regarding an anti-solicitation ordinance.

Durango’s ordinance is similar to a now-stricken state statute that prohibited “loitering ... for the purpose of begging.” The ACLU successfully lobbied the state Legislature to repeal the law after filing a class-action lawsuit in 1996.

“There are ordinances of various varieties that seek to make it a crime to panhandle,” Silverstein said Tuesday. “They come in many flavors. This particular flavor is among the most legally vulnerable.”

The city also agreed to dismiss two pending loitering citations, city prosecutor Bill Corwin said. Both are against one defendant, Brian Harwood, 42.

A Herald reporter witnessed Harwood receiving a loitering ticket on Sept. 9. Harwood was ticketed standing in front of Francisco’s Restaurante y Cantina, 619 Main Ave., while holding a sign reading, “Democrat$ and Republican$ use the Constitution as butt wipes.”

At the time, Harwood, who is homeless, said he intended to fight the ticket.

“I know this is unconstitutional,” he said. “This is wrong.”

Corwin said downtown shopkeepers may have to get used to panhandlers.

“Especially the merchants downtown are used to being able to call DPD and say, ‘Hey, I’ve got somebody down here panhandling. Can you get rid of them?’” Corwin said.

Police can still enforce “aggressive panhandling,” he said.

Silverstein said anti-solicitation ordinances can pass muster.

“As an organization, the ACLU doesn’t object to carefully tailored ordinances that restrict coercive or intimidating or threatening forms of solicitation,” he said.

A young street musician first brought the issue to the ACLU’s attention. He was ticketed after a business owner complained, the ACLU said.

The busker was playing his guitar on the public sidewalk, with his guitar case open to solicit tips. He told the ACLU that Durango police have told him numerous times to move on.

“Peaceful and nonthreatening and nonintrusive requests for charity harm no one and are squarely protected by the First Amendment,” Silverstein said.

 

Date

Wednesday, November 12, 2014 - 12:56pm

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