Aurora is the latest Colorado city to change how it addresses homelessness in the wake of a recent Supreme Court ruling that cities can arrest or ticket people for sleeping outdoors.
Last June, the Supreme Court ruled in City of Grants Pass v. Johnson that jailing or citing unhoused individuals for sleeping on public lands does not constitute “cruel and unusual punishment” — even if those people have no alternative shelter.
Since the ruling, cities around the country have ramped up their efforts to enforce camping bans.
Previously, Aurora law enforcement had to provide unhoused individuals with a 72-hour notice and shelter options before disassembling encampments. But the city council is considering removing the notice requirement entirely. The ordinance passed a preliminary vote, 6-3, on Monday night. It will go up for a final vote on Feb. 10 and potentially take effect March 15.
“This is not meant to be punitive, this is but a tool in our overall approach to addressing unhoused,” said Councilmember Steve Sundberg, who put forward the ordinance.
Under the new policy, homeless outreach teams within the Aurora Police Department will be able to dismantle campsites, issue citations and make arrests without giving prior notice. That power is not dependent on whether there is any shelter space available within the city.
Sundberg said Aurora Police Sgt. Marc Sears, who heads the newly formed homeless outreach operation, approached him with the idea for the revised enforcement ordinance.
According to Sundberg, the purpose of the ordinance is to address safety and aesthetic concerns in the city.
“Sometimes you may need to — for the sake of safety — clear an encampment faster than normal,” he said. “…These taxpayers, they do have a heart for people, but at times they don't want to see it. There's an aesthetic aspect of it that people express to me that they don't want their city looking like Denver with an abundant amount of encampments.”
Three council members voted against the ordinance, including Councilwoman Alison Coombs.
“I think that it's pretty well known that recovery by force is not effective,” Coombs said during the Monday night council meeting. “You cannot force people to recover, so what this ends up doing is indeed being punitive, whether that's the desire or the intent or not. It ends up with people in jail if they don't comply. It ends up with people losing their possessions if they don't comply.”
Councilmembers Ruben Medina and Crystal Murillo also voted against the ordinance.
The most recent Point in Time survey, released on Jan. 22, found there are just under 700 people currently experiencing homelessness in Aurora, 47 percent of whom are unsheltered. The remaining 53 percent reported sleeping in emergency shelters and transitional housing.
According to the city, there are 130 to 150 shelter beds available in Aurora on any given night. Aurora City Council has allocated millions of dollars to fund new assistance programs. It also plans to open a Regional Navigation Campus in late 2025 that will offer more beds and consolidate city services for unhoused individuals.
Editor's note: This article was corrected Jan. 28, 2025, to reflect that this week's vote was preliminary and another vote will follow in February.
