A bill that would ban sweeps during freezing temperatures and expand the use of emergency warming centers during cold weather faces its first hurdle before the full Denver City Council today.
Sweeps have continued under Mayor Mike Johnston's administration, citing health and safety concerns. A group of activists, doctors and other nonprofit leaders say sweeps during freezing temperatures increase risk of hypothermia and death; they want the city to suspend them when forecasts project temperatures at or below 32 degrees.
If the bill passes Monday, it would be up for a second read and final passage next week. But the bill could fail on a first read Monday or a vote could be postponed.
If Councilmembers ultimately approve the bill, it would still require Johnston's signature. He came out in opposition to the bill, saying in an email that it would "effectively repeal the camping ban for a third of the year... which would be contrary to the will of Denver voters."
The bill would allow for sweeps during freezing temperatures if a person's life were at risk. If people at an encampment were breaking the law, police would still be allowed to make arrests or clear the camp.
Between January and March of 2023, there was only one day where lows did not drop below 32 degrees.
According to data from the weather station in Denver's Central Park neighborhood, over 95 percent of days tracked in January, February, March, November and December of 2023 were below 32 degrees
The bill's consideration comes after a weekend of freezing temperatures in the high teens.
Data Source: CSU's Colorado Climate Center
The proposed legislation could be the first major showdown of the year between Johnston and City Council.
Though Council has limited power, Johnston has relied on it to approve contracts related to his homelessness agenda and partner with on non-congregate shelter sites in communities across the city.
City Council could override a potential Johnston veto with nine out of 13 votes, though that could be unlikely given that Councilmembers Kevin Flynn, Amanda Sawyer and Darrell Watson voted against the bill in committee; sponsors could only afford to lose one more vote and push the bill through.
Councilmembers Sarah Parady, Shontel Lewis, Paul Kashmann and Jamie Torres co-sponsored the bill, with the support of Councilmember Serena Gonzales-Gutierrez in committee.
The bill would also raise the threshold for opening emergency cold-weather shelters from the current 20 degrees to 32 degrees. Johnston said his administration would consider a pilot program in 2024 before committing to full legislation.
"It's easy to say there is no urgency when you're not someone who is actually sleeping in these tents," Lewis said in committee in response to criticisms of the bill.
City Council will consider the bill in its 3:30 session Monday. If passed with at least seven votes, the ordinance would be up for a second vote the following week.
