ACLU sues City of Pueblo over syringe exchange ban

(PUEBLO, Colo.) — On Tuesday, June 4, the American Civil Liberties Union (ACLU) of Colorado filed a lawsuit against the City of Pueblo on behalf of the Colorado Health Network and the Southern Colorado Harm Reduction Association (SCHRA), two nonprofit organizations that run syringe exchange programs (SEPs) in the city.

The complaint argues that a new Pueblo law prohibiting SEPs goes against Colorado state law and the ACLU of Colorado is seeking a temporary restraining order and preliminary injunction to immediately halt enforcement of the law.

According to the ACLU, SEPs such as those operated by Colorado Health Network and SCHRA, are an important tool for preventing the spread of infectious diseases such as HIV and Hepatitis C, and they cultivate relationships with people who inject substances. This potentially brings the opportunity to connect them to resources such as overdose prevention education, substance use disorder treatment providers, STI testing, and more.

“Syringe Exchange Programs like ours get people through the door. There, we can cultivate relationships so that they feel safe and comfortable exploring other resources,” said Jude Solano, Chief Executive Officer and co-founder of the SCHRA. “I hope that Pueblo can see we’re meeting the demands of the community and providing a space for people to get better.”

On April 22, Pueblo City Council first proposed an ordinance prohibiting the establishment, operation, use, and participation of SEPs within city limits, and it classifies SEPs as a “specific nuisance,” seeking to impose criminal penalties on service providers. According to the ACLU, community members and public health experts presented strong opposition to the ordinance, but it was passed by the Pueblo City Council on May 13. Since then, Colorado Health Network and SCHRA have ceased all SEP services to avoid suffering criminal charges.

“Our program was supported by the Pueblo County Board of Health and remains publicly supported by medical professionals and addiction specialists in Pueblo,” said Darrell Vigil, Chief Executive Officer of Colorado Health. “We recognize concerns raised by some members of Pueblo City Council and asked the city to collaborate in good faith with us.”

Tim Macdonald, ACLU of Colorado Legal Director stated that Pueblo “violates state law in seeking to criminalize these public health programs. The state of Colorado understood that these programs help prevent the transmission of infectious disease, do not increase illegal substance use or crime, and dramatically increase the likelihood of people entering drug treatment and stopping the use of drugs.”

A City of Pueblo spokesperson gave the following statement about the lawsuit: “The City of Pueblo is not going to make a comment about this pending litigation at this time.”

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