Denver camping ban sparks controversy over LGBT homeless youth

A controversial ban on unauthorized camping in Denver – passed by City Council May 14 on a 9-4 vote – took effect on May 30.

The new rule, which requires violators to go to a shelter or face arrest, came after a contentious debate between proponents who cited public safety and the occurrence of people sleeping outside in Denver’s central business district, and opponents concerned about how the ban will affect Denver’s homeless population.

The bill’s sponsor, Councilman Albus Brooks, told Out Front Colorado that the ban was necessary due to an increase in the incidence of people sleeping outside.

“There are public health and safety issues, and it was finally time that the city began to address those issues,” Brooks said.

The Metro Denver Homeless Initiative recorded 12,605 homeless persons in Denver as of January 2012, one in four of whom identified themselves as newly homeless, up 23.7 percent from 2011.

“We will have 340 beds that we did not have last summer,” said Brooks, adding that the city and county is planning for a new 24-hour shelter.

“You’ll see my office, other council members, and the mayor getting on board to make sure that we will increase these services for people who need it the most,” Brooks said.

But at-large Councilwoman Robin Kniech, one of the four council members who voted against the proposal, was concerned that such commitments could go unfulfilled.

“We have promises that there will be increased outreach but no specific written plan,” Kniech said.

“I worry about those with mental illness who struggle with shelter environments. I worry about our gay and lesbian youth,” she said, pointing out a current shortage of shelters for women and families.

The MDHI reports that 64 percent of Denver’s homeless include households with children under 18. Of those, 303 people are identified as living in a car, on the street, or camping in a tent.

“We have not yet tried the best practices that are proven to reduce street homelessness,” Kniech argued, “nor do we have the services and resources in place to give people a true choice to avoid arrest.”

Councilman Christopher Herndon, another supporter of the camping ban, suggested the story between Denver’s government and its homeless population isn’t over.

“I am not satisfied with the status quo,” he said, adding that the ban will work as a tool to inform the homeless about Denver’s resources. “It is a process, beginning with this bill,” said Herndon – who said plans to expand services came as a direct result of the ban.

Herndon drew parallels to a similar ban in Colorado Springs, where there was a decrease in the homeless population by two-thirds in seven and a half months. Herndon associated the drop with the city educating the homeless community about the services available.

Kniech was critical of the comparison. “If you immediately start to focus a whole bunch of resources at the same time you have an ordinance like this passed, it may be the focused resources making the difference and not necessarily the ordinance.”

The Colorado Anti-Violence Program, an anti-violence outreach nonprofit, was among the groups that protested the ban. CAVP Director of Youth Organizing Eleanor Dewey said “the urban camping ban criminalizes homelessness. It’s pushing already marginalized people out to the edges.”

When it comes to many youth, Dewey said, the ban creates a choice between arrest and the risk of violence.

According to the CAVP, 20 to 40 percent of Denver’s homeless youth identify themselves as LGBT and queer. In addition, LGBT and queer homeless youth are seven times more likely to be victims of a crime than their heterosexual peers.

“If an LGBTQ person is stopped by the police in violation of this ban,” said Dewey, “the police say you can either go to a homeless shelter where there’s an open bed, or we will arrest you. A lot of times those beds that they’re offering are not safe for LGBTQ young people.”

Brooks said he is aware of the challenges the homeless LGBTQ community faces.

“We are working with Urban Peak and other providers who can help us design a treatment center or a shelter that specializes in LGBTQ individuals,” Brooks said. “I am on board and willing and ready to find funding and build a strategy around those individuals.”

Brooks added that if beds or services are not available, police officers won’t arrest persons violating the ban.

“We have a number of outreach workers who are trained and certified to take care of the homeless population,” Brooks said.

Dewey voiced her trepidation at the suggestion. “Police officers are not the best people to be connecting people to services. Criminalizing people doesn’t solve the issue. It will push people out of sight. They’ll be sleeping in alleyways and in more dangerous situations.

“We have advocates who are experienced at getting people into a shelter,” Dewey said.