Denver, CO – [UPDATE: Right to Rest failed to pass vote in Colorado Legislature, full livestream below – 4.20.17] On Wednesday, April 5, 2017, after a day and a half of testimony, the jury for Denver’s first camping ban trial found the three co-defendants guilty. Jerry Burton and Randy Russell were each given a 6-month probation and ordered to complete 30 hours of community service, while Terese Howard has a 1-year probation and has to complete 60 hours of community service.

On the morning of Monday, November 28, 2016, Burton and Russell were cited for “illegal camping.” Their survival gear, including tents and sleeping bags, were confiscated as evidence. On the evening of November 28, Burton and Russell were, for the second time that day, cited in violation of the camping ban. Howard was cited her first ticket of the day that evening.

Burton has decided that he is going to appeal his conviction.

Below is the entire six page Unauthorized Camping Ordinance, including its enforcement policies:

Although the city of Denver was prosecuting the three co-defendants for violating this ordinance, the prosecuting attorneys successfully instituted a limitation in the trial so that only part of the ordinance could be read and shown to the jury.

The only section of the ordinance the jury was allowed to recognize was:

It shall be unlawful for any person to camp upon any private [or public] property without the express written consent of the property owner or the owner’s agent, and only in such locations where camping may be conducted in accordance with any other applicable city law.

‘Camp’ means to reside or dwell temporarily in a place, with shelter. The term ‘shelter’ includes, without limitation, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. The term ‘reside or dwell’ includes, without limitation, conducting such activities as eating, sleeping, or the storage of personal possessions.”

Jason Flores-Williams, the defense attorney, argued against withholding the majority of the text of the ordinance from the jury. Part of the ordinance that the prosecuting attorneys, Rebekah Watada and Brad Whitfield, limited the jury from seeing, requires officers to attempt to determine if someone is in need of medical care, or other help, before enforcing the ordinance.

If they don’t make an effort to find out if they are doing OK, or in need of treatment, they can’t arrest or enforce,” Flores-Williams said.

Removing that part of the ordinance during this trial meant that the prosecuting attorneys did not have to prove beyond a reasonable doubt that the officers followed the enforcement protocols and were therefore legally citing the defendants. Instead, all the prosecution had to prove beyond a reasonable doubt was that the three defendants broke the law.

The defendants openly stated that they broke the law, however, because to them, the law prohibits them from surviving, so in order to survive, they needed to break it.

Burton, a military veteran with Degenerative Bone Disease, had to go to the Veterans Affairs Hospital after receiving the second camping ban ticket because his joints were locking up from the cold weather and he was not legally allowed to rest and warm up under his blankets and sleeping bag outside.