May 30, 2012 06:27 PM UTC

Urban Camping Ban in Effect, "Grace Period" for Now

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• by: Colorado Pols

While Denver’s controversial urban camping ban technically went into effect yesterday at midnight, the Denver Police Department — with the blessing of Mayor Michael Hancock — is holding off on enforcing the ordinance during a “grace period” during which officers and residents alike will be informed of its provisions.

The reluctance to enforce the ban highlights the difficulty in communicating the effects of the law to a homeless population which, by definition, often lacks the means of direct communication.

Westword’s Kelsey Whipple reports:

Today marks the announced effective date of Denver’s new urban camping ban, an ordinance that makes it illegal to camp on public or private property without permission. After months of debate, followed by a two-week implementation period, both Occupy Denver and the homeless community prepared for its first day in action. They’re still waiting. “We are not enforcing the ordinance right now,” says Denver Police Department spokesman John White.

So far, the spokesman has not heard of any official warnings being given, and any verbal ones are considered routine as the department approaches enforcement. “We got our word from (Denver Police Chief Robert) White that we are not to enforce it yet,” says the detective. Although the ban went into effect at midnight, he did not outline a specific date for enforcement to begin. Instead, the department is exercising a grace period while officers and residents learn more about the ban.

Over the past two weeks, officers have been trained in the ban’s enforcement protocol, which requires both a verbal and written citation in addition to several layers of assessment before any action takes place. Officers also visited several area homeless shelters to discuss the ban’s implications and protocol with providers before it goes into effect, Detective White says.

Although this “grace period” may indeed ameliorate some of the humanitarian criticisms lodged against the ordinance, it also arms critics with some powerful ammunition.

After all, the DPD’s hesitation to enforce the ban — and the difficulty in enforcing it at all — can be framed as an indication that the ordinance was poorly thought out and rushed through the City Council without due diligence paid to its potential implications.

One such unintended consequence is, of course, the incentivization for “campers” to, well, break the law:

At least one occupier plans to stay in the park until he is removed by police officers. “I don’t care if they arrest me on the sidewalk,” says Tommy, who asked that his last name be withheld. “At least I won’t be homeless anymore.”