April 2021 - Parks & Recreation - 28

L AW R EV I EW

An advocacy group and
several people experiencing
homelessness filed a class
action suit against the City
and County of Denver and
several of their officials.

Due Process Notice for COVID-19
Sweeps at a Homeless Encampment
By James C. Kozlowski, J.D., Ph.D.

I

n the case of Denver Homeless Out Loud v. Denver, 2021 U.S. Dist. LEXIS 13027 (Dist. Colo. 1/25/2021), an advocacy group for the homeless and several people experiencing homelessness filed a class action
suit against the City and County of Denver (Denver) and several of
their officials. In their complaint, plaintiffs Denver Homeless Out Loud
(DHOL) and the individuals experiencing homelessness alleged that Denver officials had " swept numerous homeless encampments around Denver
with either no or insufficient notice, and have seized or disposed of homeless individuals' property without due process. "
In addition, DHOL claimed
Denver officials had " political motives for providing insufficient notice, including not wanting to alert
those who might want to protest
the sweeps. " DHOL further alleged that Denver had made at least
11 sweeps during the coronavirus
(COVID-19) pandemic, including a
sweep of Lincoln Park on July 29,

28	 Parks & Recreation

2020. In so doing, DHOL alleged
Denver had violated constitutional
guarantees against deprivation of
property without due process under the 14th Amendment.
As described by DHOL, the
COVID-19 pandemic had exacerbated the detrimental effects of the
sweeps and endangered the lives
of these displaced individuals. In-

| A P R I L 2 02 1 | PA R K S A N D R E C R E AT I O N .O R G

stead of living in encampments,
DHOL alleged the sweeps had
forced many people experiencing
homelessness to live in congregate
shelters, which might increase the
risk for the homeless, as well as
the community at large to contract
COVID-19 based upon guidance
from the Centers for Disease Control and Prevention.
In part, Denver's displacement
of homeless encampments was
being carried out through enforcement of the Denver " Camping
Ban " ordinance, which prohibited
unauthorized camping on public
property. According to Denver officials, " camping bans and encumbrance ordinances were not regularly enforced early in the pandemic. "



April 2021 - Parks & Recreation

Table of Contents for the Digital Edition of April 2021 - Parks & Recreation

April 2021 - Parks & Recreation - Cover1
April 2021 - Parks & Recreation - Cover2
April 2021 - Parks & Recreation - 1
April 2021 - Parks & Recreation - 2
April 2021 - Parks & Recreation - 3
April 2021 - Parks & Recreation - 4
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April 2021 - Parks & Recreation - Cover3
April 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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