Denver Homeless Sweeps Class Action Lawsuit Gets Certified

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A Colorado federal judge has granted Class certification to a class action lawsuit challenging Denver’s practice of displacing homeless persons from the city’s downtown area.

“By granting class certification, the federal court recognized that the City of Denver has a policy focused on homeless persons,” the plaintiffs’ attorney Jason Flores-Williams said. “A policy that many believe to be an immoral, unjust and unconstitutional war on the poor.”

According to the class action lawsuit, which was filed last fall, a Denver city ordinance prohibits camping on public or private property without the permission of a person who has authority over the property. The camping ban reportedly applies to streets, sidewalks, parks, and other facilities, regardless of whether the property is vacant or used for a public purpose.

Under the ordinance, the term “camp” is defined as residing or dwelling temporarily in a place, with shelter. “Shelter” includes tents, tarpaulins, sleeping bags, lean-tos, blankets or any other type of protection from the elements other than clothing.

The plaintiffs do not challenge the constitutionality of the ordinance. However, they challenge the enforcement of the ordinance through “Homeless Sweeps.”

According to the class action lawsuit, “Homeless Sweeps” refer to Denver’s practice of having more than 10 police, Department of Public Works employees and/or inmates from the local county jail being sent in to seize the possessions of the plaintiffs and Class Members without regard for their rights.

These Denver Homeless Sweeps allegedly violate Class Members’ Fourth Amendment right against unreasonable searches and seizures and their Fourteenth Amendment rights to due process and equal protection.

According to the Denver Homeless Sweeps class action lawsuit, the homeless sweeps took place on Oct. 24, 2015; Dec. 15, 2015; March 8-9, 2016; July 13, 2016; and Aug. 20, 2016. At most of these sweeps, individuals working on behalf of the City of Denver allegedly seized and discarded homeless persons’ property.

The plaintiffs claim that these sweeps follow a pattern: individuals working on behalf of the City of Denver show up without warning and order homeless individuals to vacate the premises. If the homeless individual fails to vacate, his or her personal belongings are seized and immediately thrown into garbage trucks, the Denver Homeless Sweeps class action lawsuit alleges.

Denver denies the allegations and maintains that it provides advance notice of its plans to clean up a homeless encampment. The city also claims that it stores unclaimed belongings and informs homeless individuals about how they can retrieve their belongings.

On April 27, U.S. District Judge William J. Martinez certified a Class that includes: “All persons in the City and County of Denver whose personal belongings may in the future be taken or destroyed without due process on account of the City and County of Denver’s alleged custom or practice (written or unwritten) of sending ten or more employees or agents to clear away an encampment of multiple homeless persons by immediately seizing and discarding the property found there.”

The plaintiffs are represented by attorney Jason Flores-Williams.

The Denver Homeless Sweeps Class Action Lawsuit is Raymond Lyall, et al. v. City of Denver, Case No. 1:16-cv-02155-WJM-CBS, in the U.S. District Court for the District of Colorado.