District Court denies Restraining Order against No-Solicitation Ordinance
Monday, December 03, 2012
Denver federal district court judge Marsha Krieger has denied an American Civil Liberties Union request for a temporary restraining order against the new downtown no-solicitation ordinance. In a hearing today in Denver, Judge Krieger agreed with the City that there was no urgency that required immediate action and instead ordered that a preliminary injunction hearing take place on Thursday, December 13th. The Court will set a later hearing, likely after the first of the year, to consider arguments regarding the constitutionality of the ordinance.
According to City Attorney Chris Melcher, “We are pleased the court agreed with the City of Colorado Springs that there was no need for any emergency action at this time, and denied the ACLU’s temporary restraining order. The City will continue to move forward with a strong presence downtown to both enforce current ordinances already in law and begin educating the community about the new ordinance passed by Council, in support of the Downtown during this holiday shopping season. We remain confident that the Court will ultimately find the ordinance to be constitutional since this same type of ordinance has passed legal scrutiny in other jurisdictions, including federal courts in Florida and West Virginia.”
The City will move forward as planned with an educational period beginning immediately, and a phased implementation starting on the effective date of the ordinance.