Pueblo needle exchange ban struck down by judge; Colorado ACLU declares victory

The city of Pueblo's controversial ordinance banning syringe exchange programs was struck down by a Pueblo District Court judge on Aug. 22.

Syringe exchange programs, also referred to as needle exchange programs, will be allowed to continue distributing clean syringes without interference from the city of Pueblo. Access Point Pueblo at 807 N. Greenwood Ave. and the Southern Colorado Harm Reduction Association at 1249 E. Routt Ave. are the two syringe exchange programs operating in the Steel City.

Access Point Pueblo and the Southern Colorado Harm Reduction Association were represented by the American Civil Liberties Union of Colorado (ACLU) in legal proceedings to determine if the city's ordinance banning such programs was superseded by Colorado law.

Why the judge ruled against Pueblo's ban

At almost 11 p.m. on Aug. 22, an order signed by Judge Tayler Thomas concluded that Colorado Revised Statutes, including a section allowing authorized nonprofits to operate syringe exchanges without prior board of health approval, preempted the city of Pueblo's ordinance.

"Providing an injection drug user access to sterile injection equipment is a minimum requirement that all syringe exchange programs must have to operate pursuant to state statute," according to the court's order. "The Court further finds that leaving the Ordinance in effect would materially impede or destroy the state’s clear interest in allowing clean syringe programs to operate without prior board approval."

Tom MacDonald, legal director for the ACLU of Colorado, celebrated the conclusion as a "victory" that allows exchange programs to provide "much needed resources" in Pueblo.

"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," MacDonald said in an ACLU of Colorado news release.

Pueblo city officials did not immediately respond to requests for comment from the Chieftain .

How the ban came to be

A background paper on the ordinance , which was introduced by Councilor Roger Gomez , stated as justification for the ban that Pueblo is "experiencing an increase in the number of dirty hypodermic needles, syringes, and other drug paraphernalia being discarded in the City’s public places… presenting a threat to the health, property, safety, and welfare of the public in the City of Pueblo."

”We have needles all over,” Councilor Regina Maestri said at council's May 13 work session weighing the ban. “We have business owners and teachers coming in and cleaning up the mess that’s created by the user who isn’t responsible enough to dispose of their needles.”

The ordinance made the operation of syringe exchanges, including the distribution of syringes, a "public nuisance" under the same section of city code that regulates crimes against property.

Despite 44 residents speaking against the ban during a public comment portion of the May 13 meeting and only a handful of people speaking in its favor, five of seven city council members — Mark Aliff, Gomez, Charles Hernandez, Joe Latino and Maestri — voted to pass the ordinance. Councilors Dennis Flores and Sarah Martinez cast the two "no" votes.

After the ordinance passed, the ACLU of Colorado sued the city of Pueblo, asserting that its ban was preempted by Colorado law. Thomas then issued a temporary restraining order in June that allowed the programs to continue operating until a determination could be made on the legality of the city's ban.

While the Pueblo District Court concluded in its determination that the city's ordinance was in conflict with state law, the court acknowledged that its analysis likely would have been different if the ordinance was a "narrowly tailored" regulation requiring "one to one" syringe exchange or requiring exchanges to be a certain distance from schools.

"However, that is not the case," the judge wrote, referring to the city's ordinance as a "total ban on exchanging needles."

Jude Solano, CEO and co-founder of the Southern Colorado Harm Reduction Association, told the Chieftain that the organization is happy to continue providing services of great need in Pueblo and that she hopes community members will educate themselves about syringe exchange programs.

"This is a public health service and system," she said.

Nearly three decades of research has shown that needle exchange programs, also known as syringe services programs, "are safe, effective, and cost-saving, do not increase illegal drug use or crime, and play an important role in reducing the transmission of viral hepatitis, HIV and other infections," according to the U.S. Centers for Disease Control and Prevention.

Read the judge's full determination here

More Pueblo news: After July 8 deadlock, Pueblo City Council agrees to dismiss complaint against Maestri

Pueblo Chieftain reporter James Bartolo can be reached at JBartolo@gannett.com. Support local news, subscribe to The Pueblo Chieftain at subscribe.chieftain.com

This article originally appeared on The Pueblo Chieftain: Pueblo needle exchange ban struck down by judge; Colorado ACLU declares victory