April 2021 - Parks & Recreation - 30

L AW R EV I EW

lessness had " a property interest
in the sorts of items they fear will
be seized in future sweeps. " Accordingly, the court would address
the second procedural due process
question, which would generally
require the individuals experiencing
homelessness at issue to " receive, at
a minimum, notice and an opportunity to be heard before the Government deprives them of property. "

Denver officials claimed
notices of the area restrictions
were posted the morning
of the sweeps.
In so doing, the federal district
court would consider the following factors to determine whether
the government's procedures provided an affected individual with
due process:
(1) the interests of the individual
in retaining their property and the
injury threatened by the official action; (2) the risk of error through
the procedures used and probable
value, if any, of additional or substitute procedural safeguards; and
(3) the costs and administrative
burden of the additional process,
and the interests of the government in efficient adjudication.
In this particular instance, when
Denver officials seized the property of the individuals experiencing homelessness, DHOL claimed
Denver violated the procedural due
process rights of individuals in the
following three ways:
(1) Denver officials provided no
(or deficient) notice prior to seizing their property, (2) Denver officials summarily discarded (and
destroyed) the property of these
30	 Parks & Recreation

individuals experiencing homelessness without any process for
challenging the destruction, and
(3) post-deprivation, Denver officials did not provide an adequate
process for DHOL to challenge the
seizure of the property of these
homeless individuals or retrieve
their property.
In so doing, DHOL claimed
Denver's " underlying basis for
the lack of notice was that people
might come to the encampments
and protest. " DHOL contested the
legal validity of Denver's apparent
rationale. According to DHOL,
" public scrutiny and the threat of
First Amendment activity is not a
reasonable basis for failing to adequately provide advance notice. "
In response, Denver officials disputed the alleged lack of sufficiency
of the notice provided, because individuals experiencing homelessness
at Lincoln Park were warned by park
rangers of " the impending sweeps
and need to move. " Specifically,
Denver officials claimed notices of
the area restrictions were posted
the morning of the sweeps. In addition, when individuals experiencing
homelessness were told they had to
leave, Denver officials claimed " no
one was rushed or intentionally denied re-entry to the area to collect
personal property. " One individual,
however, stated notices were " posted on RVs at the encampment, but
no one spoke to anyone who had
tents at the encampment. "
As noted by the federal district
court, Denver officials did not
dispute that these individuals experiencing homelessness had " a
possessory interest in their personal property which was located
at encampments. " Moreover, the
court acknowledged that " tents

| 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

and non-contaminated blankets
are necessary to protect individuals
from rain and extreme weather. "
Denver officials had stated that
" all non-hazardous, unattended
personal belongings were stored,
and to the extent they were inadvertently disposed of, property
owners could file an [online] claim
for reimbursement with Denver. "
At least one individual, however,
claimed Denver officials had disposed of his unabandoned, uncontaminated property in the sweep.

Insufficient Notice
In pretrial evidence, the federal
district court found that DHOL
had presented sufficient declarations and testimony to establish
that there was a significant risk that
Denver officials would erroneously
deprive individuals of their property in sweeps of the encampment
at Lincoln Park. In particular, the
court noted that evidence indicated individuals experiencing homelessness at Lincoln Park had " only
received notice of the sweeps early
on the morning they occurred. "
According to testimony from one
individual living at the Lincoln
Park encampment, he received no
notice that the area would be swept
until " he woke up and saw Denver
officials and trash trucks " on the
morning of July 29, 2020.
In the opinion of the federal
district court, procedures for providing notice of an area restriction
by the DDPHE " did not afford
homeless individuals sufficient
time to remove their property
from designated areas such that
they might avoid seizure. " Given
" such limited notice as was provided for the DDPHE area restrictions, " the court found individuals



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
https://www.nxtbookmedia.com