Boulder County Commissioners reject camping ban

May 19—The Boulder County Commissioners rejected an ordinance that would have made it illegal for people to park RVs, camp or otherwise live on county-owned land, including streets.

After a Thursday morning public hearing, the County Commission denied the ordinance in a 2-0 vote — at least for now.

The ordinance brought forth on second reading was incited by residents who expressed concerns about people parking outside their homes as well as county staff across several departments who noticed an increase of people living on county-owned land, Open Space County Attorney Conrad Lattes noted.

Had it been approved, the measure would have instituted a fine for offenders, with $100 for a first offense, $200 for a second offense and $300 for third and subsequent offenses. It would have been considered a civil infraction, akin to a parking ticket, officials argued.

"The goal is not to punish, but it's to protect county land and prevent the adverse conditions to the county and its neighbors," Lattes said.

Sheriff Joe Pelle viewed the ordinance as a tool to assist his team with enforcement. He didn't expect to issue many tickets but said the ordinance would allow his officers to educate people living in places they're not technically allowed to be.

"This certainly isn't going to solve the problem," Pelle said. "The solutions are much more complex and long-term, but in the meantime, I have a constituency of people who are living in homes in neighborhoods that are being impacted."

There was discussion during the hearing about whether the ordinance should be reworked to address some of the wording the commissioners considered problematic.

One such piece stated that those using a tent or other means of shelter on county-owned land as a temporary or permanent residence should have no expectation of privacy and that people could be required to open the shelter by Boulder County law enforcement or security officers.

Annie Kurtz, an attorney with the Colorado chapter of the American Civil Liberties Union, referenced a Colorado Supreme Court determination that directly counteracted this.

"We determine that a person camping in Colorado has a reasonable expectation of privacy in a tent used for habitation and personal effects therein," Kurtz said, referring to the court's ruling.

If Boulder County decides it would like to rework the ordinance, county staff would make the required changes, ultimately setting the process in motion for a second time. The ordinance would return to the County Commission for a first reading and then another public hearing.

Commissioner Matt Jones expressed an interest in this, arguing the county should "take some more time to think this through."

On the other hand, Commissioner Marta Loachamin said she did not want county staff to spend additional time working on the ordinance. She worried there would be unintended consequences, regardless of how the ordinance was crafted.

Commissioner Claire Levy was on vacation and not at the meeting.

More than 30 people testified during the hearing, almost all of whom urged the county to deny the ordinance. Longmont Mayor Joan Peck was the only person testifying who did not directly oppose the ordinance. She instead pushed back on an assertion that Longmont's camping ban contributed to people camping on county land.

None of the residents who previously expressed concerns about people parking in their neighborhoods spoke during the meeting.

Gunbarrel business owner James Thorpe noted there is an RV parked outside his business and potentially some people camping on the property.

"Those are pretty minor inconveniences," he said. "I don't see why my very slight inconvenience as a business owner should trump their right to be able to sleep somewhere."

Jennifer Shurley has lived on and off the streets in Boulder County for years. There is no legal place for a person in poverty to live, unless the county provides safe alternatives, Shurley argued.

"It's a Catch-22 that this country should not be proud of," she said.

Providing housing is generally considered by experts as the best way to reduce homelessness. Similarly, officials with Homeless Solutions for Boulder County emphasized that housing is where their focus remains.

Among other things, HSBC has increased its street outreach to ensure people are aware of the available services and to form better relationships with the county's unhoused community members, HSBC board chair Robin Bohannan said.

"We want to make sure everything we're doing is supporting that movement into housing," Bohannan said. "We know that that's what ends homelessness is access to housing."

But with that in mind, Loachamin said she worried that imposing fines on those camping or parking on county land could ultimately affect people's ability to find permanent housing because debt could impact their credit or their ability to pay rent.

Overall, the community who spoke at the hearing argued the ordinance would hurt people who continue to suffer through destructive wildfires, a global pandemic and an affordable housing crisis.

Last year, in the wake of the King Soopers mass shooting, the community came together under the idea of "Boulder Strong."

"If we are Boulder strong, we have to be Boulder strong for everyone ... especially for those who have suffered the most and are still suffering," Boulder resident Mylene Vialard said during the hearing. "Otherwise we're just a Boulder lie."