By Erica Tinsley
“Today, the Pueblo County District Court ruled that the ordinance put in place by Pueblo City Council to prohibit operation of syringe exchange programs is preempted by state law,” said Tim Macdonald, Legal Director for ACLU of Colorado this week. “This means that syringe exchange programs (SEPs) can continue to be utilized, and the ordinance can no longer be enforced.
“We are extremely pleased with our victory in this case and relieved that SEPs can continue to provide much needed resources for Pueblo communities.
“This case concerns the health and safety of all Coloradans. Pueblo’s decision to criminalize SEPs ignored basic public health policy and the need for all Coloradans to have access to essential healthcare, education, and harm-prevention. Syringe exchange programs are powerful and effective tools for connecting people with healthcare resources. They play an important role in reducing incidents of improper disposal of syringes within the community, lessening the threat to public health.
“Despite 30 years of evidence demonstrating that SEPs reduce the spread of infectious diseases like HIV and Hepatitis C, reduce overdose deaths, reduce health care costs, and reduce the incidence of improperly discarded syringes, Pueblo enacted the ordinance on May 16, 2024, over the opposition of community members and public health experts.
“Thankfully, the District Court’s decision carefully considered state law and then prohibited Pueblo from enforcing the local ordinance that conflicts with state law. The court’s decision will both save the lives of vulnerable people and protect our public health.”
ACLU of Colorado lawyers filed the lawsuit against the Pueblo ordinance in June on behalf of the Colorado Health Network and the Southern Colorado Harm Reduction Association (SCHRA). The suit argued that this ordinance violated Colorado law which authorizes the operation of SEPs in the state if they meet certain statutory requirements.
Cooperating counsel on the case are Christine Ranney, Al Kelly, and John Harrison of Gibson Dunn & Crutcher, LLP.
Erica Tinsley is Director of Communications with ACLU of Colorado.