Appeals court overturns Denver judge's ruling; no advance notice required when a sweep is ordered because of a public-health emergency.
Evan Semón panel vacated a January 2021 lower court ruling that placed restrictions on how the City of Denver can sweep homeless encampments.
With this ruling, the City of Denver will still have to provide seven days' notice before sweeping encampments. However, the city will no longer need to provide at least 48 hours' notice before sweeping encampments in exigent public health and safety circumstances.U.S. District Court of Colorado "It’s obviously a disappointing ruling in that basically, the court decided this on a technicality rather than addressing the merits of what happened to a number of unhoused folks who were swept and the lower court said their constitutional rights were violated," McNulty says, noting that he will file a petition within two weeks to have the full Tenth Circuit Court of Appeals review the case."We're pleased with the decision," says Jacqlin Clark, a spokesperson for the.
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