See letter sent to City Council regarding concerns over No Freezing Sweeps below.
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Dear City Council,
I wanted to share some of what I sent certain council members in addressing concerns over the No Freezing Sweeps bill. I also want to encourage you to watch at least some of the video interviews included here where houseless people are telling their experience being swept in the freezing cold this winter. I especially encourage you to watch this interview with Gary who was swept a little over a week ago, lost all his gear, ended up in the hospital, was kicked back to the streets, catheter freezing, and was with his dog trying to set up a makeshift tent when we found him and got him in a hotel temporarily https://www.instagram.com/reel/C3D5HV5vMme/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== . The effects of sweeps in the cold are real. Gary’s story makes this clear.
Below is more detail addressing various concerns that were brought up in Council.
“House” 1000 encampment “decommissioning” – The Mayor stated concern that stopping freezing sweeps will hinder the “House” 1000 success of getting people into hotels/micro units. This is simply not true.
The Mayor himself has touted that 95-100% of houseless people at the encampments voluntarily choose to go to the hotels or micro communities. This also matches our experience that roughly 95-98% of people do want to go into these options. This also matches data from our housing report where 90-99% of houseless people said they want housing – and data from Social Impact Bond housing studies where again 99% of people choose housing when offered.
For the Mayor to flip script and now say enforcement is needed to get these people into hotels is backwards. Not until now has the Mayor credited enforcement to getting folks indoors, and that is simply not reality.
For example, during last year’s “house” 1000 initiative, there was at least one encampment closure that was scheduled for a very cold day and instead the outreach team came a few days early to move people into the hotel before the cold front. These people happily moved into the hotel early regardless of a posted sweep or not.
The Mayor could still move people into hotels early before the cold, or even on the day of the cold if needed, and then sweep the remaining property/people at the camp later. This said, to try and work with the Mayor on his desire to be able to sweep a camp on the same day posted even in the cold – when offering hotel or micro units – we sent the Mayor the following proposed amendment last week. Instead of working with us on this stated concern, he simply refused the amendment.
It shall be an exception that if the City of Denver is providing housing, hotel, micro unit, or other voluntary long term non-congregate shelter options to all residents of an area scheduled for an order of removal, that the removal can take place on the scheduled day even if the temperature is below 32 degrees.
If the concern was really to be able to move houseless people into hotel/micro units through encampment closures – first off this should not be a concern at all since people voluntarily choose the hotels, and second off this amendment should address any remaining concern and free the “house” 1000 process to be exempt from cold weather constraints.
Outreach without enforcement – In the final hearing concerns were expressed that if police were not out doing enforcement of the camping ban houseless people would not be connected to cold weather shelter options.
While it is true that sometimes police will offer houseless people rides to shelter or even, on rare occasions, a room at a hotel while enforcing the camping ban on cold days or nights, it is unnecessary for the police to use camping ban enforcement as a means of making these connections or offering these shelter options. Police can and do make “wellness checks” regardless of enforcing laws.
In the example given of the person living in an RV who died, even without enforcing the parking laws on this RV (which by the way are not even included in this No Freezing Sweeps bill), police – or better outreach workers – could have checked on this RV resident.
Connection to Outreach and Shelter in the Cold – The messaging from the Mayor’s office has been that without police enforcement in the cold, houseless people will not be connected to shelter or get assistance. This statement could not be farther from the truth.
Camping Ban enforcement is widely known to push people away from services not towards them. In “The Camping Ban Report” 512 houseless people shared the effect of the Denver camping ban on their lives.
66% of respondents who used to sleep downtown say they now usually sleep in more hidden and unsafe locations.
37% say they have sometimes chosen not to cover themselves from the elements (such as by using a blanket) due to the camping ban
83% of those were asked by police to “move along,” without being offered alternative services.
(Future further studies repeat these similar findings – Read more here)
The Colorado Coalition for the Homeless has expressed this concern repeatedly over the years as outreach workers struggle to connect with clients who are being swept through camping ban enforcement. This 2023 fact sheet from CCH states that criminalization measures like the camping ban, “Disrupt the progress people experiencing homelessness may be making towards long-term housing solutions. Sweeps cause people to miss medical appointments or meetings with housing support providers.”
The data and the on ground experience is clear – camping ban enforcement makes it harder for outreach workers to connect with houseless people to connect them to services as they move further away and cannot be found.
Interestingly enough, something Councilmen Flynn said in the final hearing before voting no on this bill points to the very reason this bill is so important in helping save lives. Flynn stated that in this recent extreme cold snap, “we did lose at least one person that I know about who took shelter in a place where he could not be seen, and was later found deceased from the cold.” We do not know all the details of this situation, but what we do know is that this man likely moved to a hidden area where he could not be found in part or whole to avoid police move on orders and have someone more stable to stay – pushing him to a hidden area like 66% of houseless people report doing to avoid camping ban enforcement.
Shelter access – A necessary piece of “getting people indoors” is having accessible indoor places to go to.
There is a lot to be said here about what makes shelters actually accessible or not, but let me just start with the numbers. Shelter usage and capacity data from HOST (see attached) shows that from October 1st 2023 to January 31st 2024, 81 out of these 123 nights Denver shelters were over capacity. That means, these shelters took in more people than they had beds or mats or space for (and/or that people were turned away from the shelter). In practical terms, that means as a houseless person you are traveling miles to get to a shelter that night to turn you away or might squeeze you in a hallway with no mat and maybe a small blanket if they have it. Many people can find better warmth, and without as much travel through the cold, by hunkering down in a tent or doorway with what blankets or gear they have. In addition to these traditional shelters, there were also between 217 and 459 people who stayed at the cold weather emergency shelters – but these are only open if it is under 20 degrees. The data is very clear that our shelter system is over capacity – leading houseless people to be turned away or not want to take the effort of trying to get in when they are so over full.
Beyond the number of spots at the shelters, the reasons people choose to stay on the streets over a shelter are vast. It is critical to understand the many layers of why different people feel safer outside than in shelters. These layers can include people’s trauma around groups of people, PTSD, work schedules, distance from shelters and access to proper gear to stay warmer in place, connection to family, partner, friends, or pets, simple desire to be alone, being banned from shelters, drug use not allowed in shelters, proximity to resources needed, past experience being turned away, and so much more. Over my past 12 years of organizing with houseless people both in shelters and on the streets I have heard, and seen, sooooo many stories and reasons for why some people prefer to be outside than in shelters – all the time or sometimes.
In order for more people to get indoors in the cold, more space is needed, more accessibility on multiple levels is needed, and more outreach is needed. Not moving people in the cold helps outreach workers to find people and helps people feel safer about leaving their property while they go inside. It does not solve the issues with lack of space or accessibility of shelters, but it does help some people be more able to go inside.
Mayor Johnston is different so this bill is not needed – In the final vote, some members expressed that this bill would have made sense under Hancock, but now under Johnston things are different. It was stated that Mayor Johnston has not conducted sweeps under 32 degrees and is connecting people to “housing” when he does conduct sweeps.
It is true that last year (with some slight exception to a couple sweeps starting when it was under 32 degrees but warming up soon after, and the sweep referred to earlier when residents were put in the hotel early), none of the 7 day posted sweeps that Johnston conducted were done under 32 degrees. There were 16 7-day posted sweeps under Johnston in 2023 – of these 10 involved the offer of hotel/micro units and 6 did not. (see list attached)
This, however, is not the primary law under which sweeps are conducted. The majority of sweeps (by which I mean forced move of houseless people and their property from public property) are done under the camping ban (38.86.2), not the order of removal (49-246) (and also some under the order of removal with 48 posting, not 7 day).
Mayor Johnston has stated repeatedly that he does not control or order camping ban enforcement, but rather that this enforcement is under the discretion of the police. When we have reached out to him about instances of camping ban enforcement for particular concerns, he has always stated he does not know about the details of this enforcement and did not order for it to be conducted. Unlike large scale encumbrance removals (7-day posted sweeps) which the Mayor insists on approving every one, according to the Mayor, for camping ban enforcement the police are on their own enforcing the law as they see fit.
This means that even if you trust the Mayor to not conduct sweeps when it is dangerously cold, the majority of the forced moves going on are under police discretion and are not subject to the Mayor’s approval or oversight.
So are the police enforcing the camping ban, even in the cold, under Johnston? Yes.
We know from on ground experience that camping ban enforcement, even in the cold, is just as active as ever. Houseless people tell us regularly of being moved under the camping ban, including in the cold. Here are video interviews and direct video of camping ban and 48 hour order of removal enforcement under 32 degrees this winter.
Brian – swept under camping ban while sleeping on public bench with just a sleeping bag in freezing cold this week https://www.instagram.com/reel/C2_AuLxMell/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
Karl – swept from single tent by parks rangers after pushed to parks from public sidewalks through enforcement this week, in a wheelchair https://www.instagram.com/reel/C2_EEP2M90q/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
Gary – swept last week while sick in freezing cold, lost all gear, then slept with nothing in the cold and wet, and ended up in hospital, is 62yo – has unfunctional liver, a catheter that freezes, recovering from broken hip, was back on the streets with no tent (until we put him in hotel for 4 days…than raised money from the community to keep him in the hotel longer..but needs long term housing – still waiting on providers and the city) https://www.instagram.com/reel/C3D5HV5vMme/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
Zunidos (Migrant camp) swept Jan 24th on public right of way while 30 degrees, under posted 48 hour order of removal notice, city swept before posted notice time https://www.instagram.com/reel/C2fT0vwrrhL/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
Raven – (Testimony at committee hearing starts at 26.61) swept under camping ban twice in a few days in freezing cold and snow at thanksgiving time this winter https://denver.granicus.com/player/clip/15837?view_id=180&redirect=true&h=426dd5103a27901940ea365b54825876
Longer interview with Raven about these sweeps https://www.facebook.com/reel/2144278252591310
Shaleen – swept in 4 degrees this winter, is terminally ill https://www.facebook.com/reel/331229306569165
Couple – swept early this winter in freezing cold on public sidewalk (for camping ban not in park but by parks rangers for some reason) https://www.instagram.com/reel/C3BYGmXvVoj/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
The freezing sweeps referred to in these 6 interviews, and the video of a freezing sweep, all happened this winter under the Johnston administration. Freezing sweeps continue under Johnston as police go about their business “enforcing the law.”
Furthermore, if for some reason you don’t believe the direct words of houseless people, the City Attorney office could confirm this with data, showing how often and when the camping ban has been enforced this winter.
There is no denying the fact that without a legally forced constraint enforcing the camping ban in the cold, police will continue to force houseless people to move to nowhere in the cold – creating significant harm and risk for these people.
In conclusion, the No Freezing Sweeps bill will not hinder the Mayor’s “house” 1000 efforts – rather it will help houseless people stay more connected to any shelter or housing options in the cold. Outreach is and can continue to be done without the enforcement of these laws in the cold, and by not pushing people into hiding with camping ban enforcement people are safer and more connected to services. The camping ban continues to be actively enforced under Johnston’s administration, even in the cold, and stopping this harm will take an act of Council to change the law and protect houseless people from being moved and losing survival gear in the freezing cold. Please do the right thing for our community.
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