Tuesday, May 21, 2013

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Federal judge: Springs downtown panhandling ban OK
Posted: 02.13.2013 at 2:51 PM
Travis Ruiz

Travis Ruiz is the Social Media Manager and Interactive Managing Editor for FOX21 News.com

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COLORADO SPRINGS, COLO. -- A federal judge has officially affirmed part of Colorado Springs' controversial panhandling ban.

Judge Marsha Krieger's preliminary injunction only appies to the downtown no-solicitation zone, city officials said.

In November, the Colorado Springs City Commission gave its final approval to the ban. It bans soliticitation within 20 feet of a residential or business entryway in a 12-square block zone downtown.

Opponents of the bill said the ordinance will negatively impact charitable solicitation like the Salvation Army and Girl Scouts.

The American Civil Liberties Union (ACLU) filed an injunction to stop the 'No Solicitation Zone'. The ACLU said free speech was wrongly curbed by the ordinance.

A federal judge also ruled it unconstitutional in December.

City Attorney Chris Melcher argued that the ordinance instead protects downtown merchants and residents and is constitutional.

As for the new affirmation of the law, Mayor Steve Bach said it the ordinance will improve the city.

"The City appreciates Judge Krieger upholding the 20-feet solicitation buffer," Bach said. "This will help improve commerce and reduce unwanted solicitation of citizens and visitors."

City officials said the ban will also have a positive impact on other businesses besides the ones downtown.

"This will benefit not only downtown, but also merchants on the Westside and throughout the city," Melcher said. "It accomplishes quite a lot of what we were hoping for, so we're very pleased with that.

Warnings for violators will now be issued, police said.

"The department will be warning violators the first time they solicit within 20 feet and will serve them for subsequent violations," Police Chief Pete Carey said.

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