Denver City Council gives first approval to draft resolutions opposing two initiated ordinance petitions
Photo: Joshua Woroniecki/Unsplash
By Robert Davis
Denver’s Finance & Governance Committee gave the initial thumbs-up to two draft resolutions opposing a pair of initiated ordinance petitions that will appear on the November ballot.
One of the resolutions opposes Initiative 303, also known better as “Let’s Do Better,” a petition campaign that seeks to make Denver civilly liable for damages if it fails to enforce its urban camping ban within 72 hours.
Both resolutions were approved unanimously during the committee’s meeting on September 28, with Councilwoman Candi CdeBaca (District 9) absent from the vote. They will appear before the full City Council for final passage in October, one month before the municipal election.
One of the resolutions opposes Initiative 303, also known better as “Let’s Do Better,” a petition campaign that seeks to make Denver civilly liable for damages if it fails to enforce its urban camping ban within 72 hours.
Initiative 303 was introduced by Garrett Flicker, the chair of Denver’s GOP, and has accrued $117,000 in donations from dark money sources, according to records from the Clerk & Recorder’s Office.
During the committee meeting, Councilwoman Robin Kniech (At-large) described Initiative 303 as a petition that “really gets at the heart of exploiting what is really a crisis in our city and in cities across America.”
According to the resolution, Initiative 303 directly contradicts several federal court orders that require Denver to give at least seven days’ notice before a homeless encampment can be cleared. It also contains duplicative provisions regarding Denver’s legal authority to establish safe outdoor spaces and its newly developed Street Enforcement Team.
“The voters of Denver and City agencies have recently, dramatically expanded shelter hours and services, hotel and other transitional housing innovations, and funding for permanent housing with services, but permanent housing solutions take time to implement and the people of Denver are frustrated and want the city to do more, better and faster, but managing street homelessness and associated public health and safety risks is far more complicated than a sledgehammer approach can deliver,” the resolution reads.
During the committee meeting, Councilwoman Robin Kniech (At-large) described Initiative 303 as a petition that “really gets at the heart of exploiting what is really a crisis in our city and in cities across America.”
“We can all agree that encampments are not good for the people who are in them and the community which surrounds them,” Kniech said. “And no one that I’ve heard from is okay with that. But 303 exploits fear and concern over homelessness and misleads voters to think if they vote ‘yes’ that Denver can make street homelessness go away. It is not illegal to be without a home.”
Councilman Chris Hinds (District 10) echoed Kniech’s concerns and shared his own about the petition’s misleading language.
“Hopefully this will create enough of a pause for people to stop and think why the city opposes these petitions,” Hinds said.
The other resolution opposes Initiative 304, also known as the “Enough Taxes Already.” It seeks to reduce Denver’s sales and use tax from 4.81% to 4.5%. This change could immediately shave between $4.7 million and $8 million from the city’s revenues and up to $80 million annuals, according to city estimates.
For comparison, the projected annual cuts are greater than the 2022 operating budget for the Denver Public Library.
The initiative is funded by the same dark money sources as Initiative 303 with more than $117,000 flowing to it, according to campaign finance records.
Initiative 304 will appear on the November ballot at a time when the city’s budget is returning to pre-pandemic levels and could force further cuts to residential services that would disproportionately impact low-income households, the resolution argues.
“Local governments in Colorado have limited revenue options to fund resident services, primarily sales and property taxes, and Denver has worked to limit the disparate impact of the sales tax on low-income residents by exempting food, fuel, medicine, and feminine hygiene products, and sales tax is paid in part by visitors unlike the property tax,” the resolution reads.
If enacted, Kniech argued that the resolution would also cut funding for programs funded with special sales and use taxes, like Denver’s Homelessness Resolution Fund and certain marijuana taxes that go toward affordable housing projects.
“Right as we have residents all coming together to say the crisis of housing and homelessness is critical, this will cut housing and services,” Kniech said. “These initiatives together are about cutting services to Denver residents and harming our most vulnerable residents right as we’re recovering from the pandemic.”