The ACLU of Colorado announced a second settlement this morning on behalf of four individuals who were subjected to an illegal search of their residences at the Suites, a public housing complex in Longmont.

The searches were conducted in May 2017 by Longmont police officers and a K-9, at the request of and in conjunction with the Longmont Housing Authority. They were conducted without a warrant or any arguable exception to the warrant requirement. None of the ACLU’s clients consented to the search or were given an opportunity to refuse the search.

CLU clients Alice Boatner, Billy Sparling, Michael Kealy, and Christine Herrera resolved their claims against the City of Longmont in November 2017, when the City paid a total settlement of $210,000, along with additional non-monetary relief. The additional settlement announced today is with the Longmont Housing Authority (LHA) and resolves all remaining legal claims related to the illegal searches.

Key aspects of the settlement:

• Housing Authority pays $170,000 for damages and attorneys’ fees;
• Public statement by the LHA acknowledging the constitutional privacy rights of public housing occupants and that – contrary to past misstatements by the housing authority – the ACLU clients did not consent to the searches;
• Commitment by LHA to refrain from making further statements that justify or mitigate the seriousness of the searches, the harm that was caused, the constitutional violations at issue, or LHA’s role in the searches;
• Commitment by LHA to issue a letter of apology to the ACLU Clients.
• Opportunity for ACLU input on LHA policies related to searches.

Statement of ACLU of Colorado Staff Attorney Rebecca T. Wallace:

With this settlement, our clients can finally close this difficult chapter of their lives and feel that justice has been served. The combined payments and non-monetary commitments by the Longmont Housing Authority and the City of Longmont appropriately reflect the seriousness of the constitutional violations in this case. Through this process, all parties have come to agree that the constitutional right to privacy extends equally to people who live in public housing. We hope and believe that because of the resolution in this case, Colorado law enforcement and public housing authorities will never again join forces to perform warrantless, illegal searches of public housing units. 

Statement of Michael Kealey, ACLU client:

“I’m so glad for this case to finally end with a fair settlement and new rules that will make sure what happened to me doesn’t happen to others. It’s nice to have vindication and not just be another statistic.”

*In addition to Wallace, the ACLU team includes cooperating counsel John Culver.

 
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American Civil Liberties Union of Colorado (ACLU-CO) seeks a dynamic, experienced and talented Communications Associate. This full-time, salaried position will be based in Denver.

American Civil Liberties Union (ACLU) is the nation’s foremost defender of constitutional rights and civil liberties. ACLU of Colorado, the Colorado affiliate of the ACLU, is the state’s guardian of freedom, working in the courts, in the legislature, and in communities across the state to protect and advance civil rights and civil liberties for all. Founded in 1952, ACLU of Colorado is a strong, growing organization with thousands of members, supporters, and activists. For more information about the work of ACLU of Colorado and the civil liberties principles we uphold, please visit our website at www.aclu-co.org.

The Communications Associate advances ACLU of Colorado’s strategic priorities by effectively articulating its mission through various platforms. This position works with our legal, public policy, development, and campaigns departments, and reports directly to the Director of Communications. ACLU of Colorado is a fast-paced and ever-evolving environment and requires the ability to multitask effectively and complete tasks individually as well as in a team.

Commitment To Diversity And Inclusion

ACLU of Colorado is an equal opportunity employer. We value a diverse workforce and promote an inclusive culture. We believe that having a board, staff, and volunteer base with diverse personal and professional backgrounds enhances our ability to meet our mission and creates an environment where all members of our community can thrive. We strongly encourage applications from people of color, immigrants, women, people with disabilities, members of the LGBTQ community, those who have been formerly incarcerated, and other members of underrepresented and marginalized groups.

ACLU of Colorado does not discriminate on the basis of race, color, religion, gender, sexual orientation, gender identity or expression, age, national origin, marital status, citizenship, disability, veteran status, and record of arrest or conviction. We are committed to providing a work environment free from discrimination and harassment.

Job Responsibilities

• Support the work of the communications department.
• Design and edit a range of digital media assets including social media graphics, newsletter content, major reports, advocacy and fundraising communications, and other communication assets as needed.
• Develop dynamic content for the organization’s websites, microsites, and social media channels.
• Convey impact of charitable giving and build supporter familiarity with ACLU of Colorado’s work through compelling visual graphics and design. 
• In consultation with the Director of Communications, determine ideal communication channels and tactics for distributing ACLU content, promoting advocacy campaigns, publicizing events, and making civil liberties accessible and relevant to communities statewide.
• Monitor social media channels for opportunities to engage.
• Ensure consistent, clear messaging that represents ACLU of Colorado and its positions compellingly and convincingly.
• Maintain cross-platform digital communications, including web pages, action alerts, social media posts, running reports, building and testing e-mails.
• Develop systems for ACLU of Colorado internal communications.
• Work across ACLU departments and campaigns to execute tactics for mobilization of members and advocacy programs.

Qualifications

• Excellent computer skills, including Adobe Creative Suite; InDesign, Photoshop, and Illustrator, Audition and Premiere editing skills are a plus; Microsoft Office, Word Press and additional web-based applications as needed.
• A keen eye for print and digital design, page layout, typography and brand management.
• Minimum of two years professional experience in communications or design.
• A profound and well-articulated commitment to civil liberties and the mission of the American Civil Liberties Union.
• Detail-oriented with strong follow through, demonstrated ability to solve problems, ability to meet tight deadlines and manage resources effectively.
• Solid understanding of social media management, processes and techniques for membership development, advocacy campaigns, and list building.
• Effective and proven team process and project management experience.
• A commitment to diversity; a personal approach that values individuals and respects differences of race, ethnicity, age, gender, gender identity, sexual orientation, religion, ability, and socio-economic circumstance, and the ability to work with diverse individuals within the organization and broader community.
• Exceptional oral and written communications skills. Fluency in Spanish is a plus.
• Team player who inspires collaboration, lifts up the work of others, and maintains balance and perspective with patience and a sense of humor.

Compensation And Benefits

Approximate salary range is low to mid forties, in accordance with parameters of the nationwide ACLU and the Denver area nonprofit sector and taking into account skills and experience. Benefits include medical and dental insurance, life and long-term disability insurance, 401k contribution, and paid vacation and holidays.

To Apply

Send a cover letter, résumé, and references in an email with “Communications Associate, ACLU of Colorado” in the subject line to [email protected]. No phone calls, please. Applications will be accepted until the position is filled, which will not be before June 1, 2019.

For more information about the work of ACLU of Colorado, please visit our website at www.aclu-co.org.

DENVER – The ACLU of Colorado announced that it will present evidence tomorrow, May 7 in Fort Collins Municipal Court in support of its motion to dismiss the prosecution of Adam Wiemold, a homeless man who is charged with illegal “camping” by Fort Collins police for sleeping in his vehicle at a designated rest area where truck drivers regularly rest in their vehicles with impunity.

“I was sleeping in my vehicle because, even with a full-time job, I just didn’t make enough money to pay my bills and pay rent,” Wiemold said. “It shouldn’t be a crime to be homeless or to simply sleep. But, in Fort Collins, it is.”

Fort Collins has been criticized for its vigorous enforcement of its citywide anti-camping ordinance, which forbids sleeping in public spaces, including inside a person’s own legally-parked vehicle. The Fort Collins Homeless Coalition has documented an almost 500% increase in citations under the ordinance, with 413 prosecutions initiated in 2017.

Critics of such camping ordinances scored a recent victory when a federal circuit court of appeals ruled in an Idaho case that it violates the Constitution to prosecute persons for sleeping outside when they have no other choice, such as when indoor shelters are full. The influential ruling has already prompted some cities to amend their anti-camping ordinances to make exceptions when shelters are full, but Fort Collins makes no exception. ACLU of Colorado attorneys will rely on that decision in Wiemold’s case — the first Colorado case to invoke that widely-watched court ruling.

“On the night Mr. Wiemold was charged with sleeping in his vehicle, the shelters were full,” said ACLU Legal Director Mark Silverstein. “Our client had no choice but to sleep outside. He is not being prosecuted for a crime; he is being prosecuted for being poor. In Fort Collins, apparently, poor is a four-letter word.”

ACLU lawyers will also argue that the case against Mr. Wiemold must be thrown out on grounds of unconstitutional selective prosecution. Police communications and additional evidence will show that the police operation that snared Mr. Wiemold was deliberately targeted at homeless persons, while interstate truckers engaged in the same conduct at the same rest area were left undisturbed.

“Sleeping in one’s car is not a luxury,” said Adam Frank, who will argue for Mr. Wiemold as an ACLU cooperating attorney. “It’s a last resort. To selectively punish some people for simply trying to sleep and survive is the very definition of cruel and unusual.”

Attorneys for both sides will present evidence at the Municipal Court, Fort Collins, Colorado on May 7 at 1 p.m.

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