April 2021 - Parks & Recreation - 29

Denver officials, however, found
significant health concerns arose
as encampments grew and living
conditions deteriorated. In Lincoln
Park, Denver noted " members of
that encampment dismantled security cameras, street lighting, and the
sprinkler system. " Moreover, considerable amounts of food waste,
trash, human waste and used needles had accumulated. As a result,
a pre-existing rat infestation had become the worst rodent infestation in
Denver's recent history.
In addition, there was widespread
open use and trade of drugs, and
increasing incidents of violence. On
July 22, 2020, the Denver Department of Public Health and Environment (DDPHE) conducted voluntary COVID-19 testing and found
a 2 percent positivity rate. On July
23, 2020, one person was killed, and
two others were seriously wounded in a shooting in Lincoln Park.
Twice, Denver Parks and Recreation (DPR) Park Rangers observed
someone in Lincoln Park shooting a
handgun in the air.
According to Denver officials,
they had " tried to strike a reasonable balance between being sensitive to the people experiencing
homelessness in the encampments
and the need to remediate the significant public health and safety
risks. " Beginning in mid- to lateMarch 2020, the Denver Police
Department (DPD) Homeless
Outreach Team (HOT) advised
individuals experiencing homelessness living in encampments about
physical distancing and symptom
monitoring. According to the supervisor of DPD's HOT, " people
in the encampments did not listen "
and failed to " socially distance or
follow other [COVID-19] guide	

lines, including having their tents
in very close proximity. "
As a result, on July 27, 2020,
Park Rangers, Denver Department
of Housing Stability (HOST) employees and other outreach workers began to advise individuals
experiencing homelessness in the
Lincoln Park encampment that a
temporary closure of the location
was imminent and offered connections to services, storage, shelter
and transportation.
DHOL, however, claimed there
was no advance written notice of
the actual sweep on July 29, 2020.
Instead, on the morning of the
sweep, DDPHE posted a written
area restriction notice, stating Lincoln Park was being closed immediately due to a public health and safety emergency. According to DHOL,
the notice did not identify or describe the emergency, or provide
clarity whether the emergency was
related to public health and safety.

Preliminary Injunction
In its lawsuit, DHOL requested
that the federal district court issue
an injunction prohibiting Denver
officials from conducting sweeps,
or other displacement of encampments of individuals experiencing
homelessness " at least until public
health authorities have determined
that the COVID-19 pandemic is
over " ; i.e., " when the state of emergency ends in the State of Colorado as issued by Governor Polis. " In
addition, DHOL requested that the
court issue an order requiring Denver to provide restrooms, sanitation
services (including trash services
and personal hygiene facilities, as
well as handwashing stations) to
individuals experiencing homelessness in the encampments. Further,

the requested injunction would
prohibit Denver from conducting
sweeps without at least a seven-day
written notice. Under the requested
injunction, Denver also would be
prohibited from discarding and/or
destroying unabandoned property
of individuals experiencing homelessness in the encampments.
As noted by the federal district
court, DHOL had to establish the
following to obtain the requested preliminary injunction: (1) a
substantial likelihood that DHOL
would eventually prevail at trial
on the merits of their case; (2) that
DHOL would suffer irreparable
injury unless the injunction was
issued; (3) that the threatened injury to DHOL outweighed whatever
damage the proposed injunction
might cause Denver; and (4) that
the injunction, if issued, would not
be adverse to the public interest.

Due Process Notice
As cited by the federal district
court, in pertinent part, the 14th
Amendment protects property:
" No state shall deprive any person
of life, liberty, or property without
due process of law. " U.S. Const.
amend. XIV, ยง 1. As required by
the constitutional guarantee of procedural due process under the 14th
Amendment, the court would address the following two questions:
first, " whether there exists a liberty
or property interest which has been
interfered with by the State " ; and
second, " whether the procedures
attendant upon that deprivation
were constitutionally sufficient. "
In this case, the court found the
existence of a property interest was
not in question because Denver had
not challenged DHOL's argument
that individuals experiencing home-

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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
April 2021 - Parks & Recreation - 5
April 2021 - Parks & Recreation - 6
April 2021 - Parks & Recreation - 7
April 2021 - Parks & Recreation - 8
April 2021 - Parks & Recreation - 9
April 2021 - Parks & Recreation - 10
April 2021 - Parks & Recreation - 11
April 2021 - Parks & Recreation - 12
April 2021 - Parks & Recreation - 13
April 2021 - Parks & Recreation - 14
April 2021 - Parks & Recreation - 15
April 2021 - Parks & Recreation - 16
April 2021 - Parks & Recreation - 17
April 2021 - Parks & Recreation - 18
April 2021 - Parks & Recreation - 19
April 2021 - Parks & Recreation - 20
April 2021 - Parks & Recreation - 21
April 2021 - Parks & Recreation - 22
April 2021 - Parks & Recreation - 23
April 2021 - Parks & Recreation - 24
April 2021 - Parks & Recreation - 25
April 2021 - Parks & Recreation - 26
April 2021 - Parks & Recreation - 27
April 2021 - Parks & Recreation - 28
April 2021 - Parks & Recreation - 29
April 2021 - Parks & Recreation - 30
April 2021 - Parks & Recreation - 31
April 2021 - Parks & Recreation - 32
April 2021 - Parks & Recreation - 33
April 2021 - Parks & Recreation - 34
April 2021 - Parks & Recreation - 35
April 2021 - Parks & Recreation - 36
April 2021 - Parks & Recreation - 37
April 2021 - Parks & Recreation - 38
April 2021 - Parks & Recreation - 39
April 2021 - Parks & Recreation - 40
April 2021 - Parks & Recreation - 41
April 2021 - Parks & Recreation - 42
April 2021 - Parks & Recreation - 43
April 2021 - Parks & Recreation - 44
April 2021 - Parks & Recreation - 45
April 2021 - Parks & Recreation - 46
April 2021 - Parks & Recreation - 47
April 2021 - Parks & Recreation - 48
April 2021 - Parks & Recreation - 49
April 2021 - Parks & Recreation - 50
April 2021 - Parks & Recreation - 51
April 2021 - Parks & Recreation - 52
April 2021 - Parks & Recreation - 53
April 2021 - Parks & Recreation - 54
April 2021 - Parks & Recreation - 55
April 2021 - Parks & Recreation - 56
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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