April 2021 - Parks & Recreation - 31

experiencing homelessness " had
little time to collect and remove
their belongings prior to the commencement of the sweeps. " Based
upon testimony of these individuals, including plaintiff Lamb, the
court found Denver's procedures
for providing notice " amounted to
effectively no notice whatsoever " :
For homeless individuals like
Lamb, even if they are present
during a sweep, they may not be
able to move all of their property
quickly enough to avoid seizure.
Lamb gathered a small amount of
his belongings, moved them a few
blocks away, but by the time he
was able to return to Lincoln Park,
it was enclosed by the six-foot high
fence, and Denver officials refused
to let him reenter. Lamb " watched
from behind the fence as Denver officials took his property, threw it into
a trash truck, and destroyed it. "
Similarly, the court found other
individuals who were not physically present at an encampment
during an area restriction risked
having all of their property seized.
In addition, the federal district
court found that Denver's current
procedures did not appear to afford
individuals experiencing homelessness a meaningful way to recover
confiscated property. While these
individuals appeared to have some
recourse in finding their property
in storage, or recovering its value
through a claim reimbursement,
the court found this process carried
" serious risks " :
For instance, one homeless individual was told by a Denver official
that his property might have been
stored, he went to the storage facility, only to have EHS [Environmental Health and Safety] tell him they
had stored no property on Septem	

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.

ber 15, 2020. Another individual,
Marcos Sepulveda, testified that
after losing property in a sweep, he
submitted a reimbursement claim,
but was told there was not enough
evidence for reimbursement because
" they didn't think they're liable. "
In conducting DDPHE-led area
restrictions with only morning-of
notice, the court concluded the
limited process afforded by the
Denver officials carried " a significant risk that homeless individuals
have been and will be erroneously
deprived of property. " In the opinion of the court, these homeless individuals would have had " a better
chance to protect the property critical to their survival " if Denver officials had " provided homeless individuals with additional advance
notice of sweeps. "

Significant Public
Health Interest
Having considered the notice
requirement of procedural due

process, the federal district court
then examined " the government's interest at stake in conducting these sweeps. " In so
doing, the court acknowledged:
" The government's overarching interest here - maintaining
public health and safety - is unquestionably significant. "
Not only must the Denver officials handle the extraordinary task
of navigating the Denver community through the COVID-19
pandemic, but they must simultaneously address those challenges in
the context of Denver's homeless
population and the growth of encampments throughout the city.
As described by Denver officials, " Lincoln Park had deteriorated and included large amounts
of trash and food waste, a rat infestation, improperly discarded
syringes, and safety concerns for
workers trying to clean the park. "
Moreover, Denver's decision regarding the timing of the notice

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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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