At the vibration of the text, we file in through State Patrol detectors and ride sardine style up to the floor of debate. We fill the State, Military and Veteran Affairs Committee room and voice a need for protection of the unprotected. The energy was palpable and people smiled in anticipation of a fair hearing.
Suits and ties, beards and ‘locks, skirts and heels, the colorful motley crew shuffled in with each clique full of whispers and hope. Other bills came and passed with ease and little fanfare. When House bill HB15-1264 came up for further hearing, warnings were issued about any display of emotion or breach of decorum. The audience in support of the unhoused did raise fingers and ‘wiggle’ until the Chairwoman found that mute act an annoyance. Formalities, Robert’s rules and stiff opposition continued to smother the purpose of the bill.
Many couldn’t understand the need for such discipline in procedure; they wanted a free flow of reality on the street to cut through the roadblocks to healthy debate. It’s the record to blame. Following procedures at times is the only way to progress. Rules don’t negate the will of change.
The Collective House of Post Pony Palace, cool tempered with determination, was present with the sense of urgency to end the harm being perpetuated by the cities that are to protect all people not just the moneyed. Terese Howard, who also testified, and others worked hard and long hours to help promote the bill.
Proponents shared anecdotes and the need for protection from the unfettered discretion of the police and municipal law. Opponents spoke of municipal reign and services; however they unanimously failed to mention the lack of beds available in their services. Proponents decried criminalization of having no place to go and opponents railed against unsanitary conditions.
Several suits and skirts were concerned about how the bill’s newly protected class could enforce his or her newly sanctioned freedom.They uniformly balked at the possibility of lawsuits and attorney’s fees. Even the court advocate attorneys were against the bill because they didn’t do civil procedure or want to start.
The possibility of abuse was the fear of many municipal advocates despite the fact that courts already recognize that people file frivolous lawsuits and may be dismissed quickly with damages going to the aggrieved party. Ironic because most of the municipalities’ ordinances have been ruled unconstitutional by Federal and State Courts which gives rise to causes of action for the violation thereof. Those who are deprived of his or her freedom can sue anyway.
People forget that there are laws in place to cover littering, blocking passageways, public urination, and disturbing the peace. What was lost during the hearing were the overt efforts by municipalities to target people with no place to go. There was talk of money spent (mostly to police and security services), services that could be diminished with frivolous homeless lawsuits, and protecting families’ ability and desire to visit parks void of unsanitary park people.
The Committee could not bring themselves to let the bill move to the House floor; too much to ask. They were jovial about it up to the end. Too jovial for the audience who sensing the nay sway of the committee began to bristle. Committee members one by one began the pre-vote discussion with comments of admiring the sponsors’ zeal but if it wasn’t for this provision or that section; just not ready for such a bill and by the third “I love you but …” voices rose in disgust. “Sellout!” “Cowards!” “Bullshit!” Each objection voiced was followed by a resigned but indignant, “I’m leavin’.” A roll call vote was immediately called. Eight were opposed to the bill leaving committee; three were in favor of moving the bill along for further debate and amendments.
Representatives Salazar and Melton, with the assistance of the ACLU, Denver Homeless Out Loud, statewide partners, the Western Regional Advocacy Project, and the National Coalition for the Homeless sponsored and supported Bill HB15-1264.
The Denver Post reports that the bill ‘dies in committee’, however the bill, regardless of the Committee’s vote, is neither dead nor forgotten. It lives in the spirit of freedom and fairness. Services: Aye; Beds: Nay; Waiting time: Awhile; Where to go: ‘Dunno’, just not here. However,