Mayor Steve Bach and two other high-level city officials will testify on Colorado Springs’ new ban on panhandling for a court hearing Thursday morning in Denver.

Bach, along with City Councilman Merv Bennett and Colorado Springs Police Chief Pete Carey, have been subpoenaed by the Colorado chapter of the American Civil Liberties Union. The ACLU sued the city immediately after the passage of the so-called “no-solicitation zone” on Nov. 27, saying the ban violates the First Amendment’s guarantee to freedom of speech.

Dave Munger, the president of the Council of Neighbors and Organizations, was also subpoenaed.

Bach’s chief communications officer, Cindy Aubrey, said Bach will testify via telephone.

Bennett, Carey, and City Attorney Chris Melcher will be at the hearing in person.

The ACLU asked federal judge Marcia Krieger at a Nov. 30 hearing for a preliminary injunction against the ban, which is scheduled to go into effect Dec. 19. Krieger put off the hearing until Thursday, saying the city hadn’t had time to prepare a response.

If the ACLU is granted a preliminary injunction on Thursday, the constitutionality of the ordinance will be argued at a later date. That could delay implementation of the law even longer.

The panhandling ban encompasses a 12-block radius, centered on downtown, and includes Acacia Park. Melcher said last month that the city won’t start writing citations for the ban until Jan. 19, and in the interim will conduct a public education campaign.

The city has emphasized that charitable organizations such as the Salvation Army still would be allowed to solicit donations on private property downtown, as long as they have permission from the owners.

City spokesman Jarred Rego said Bach and city officials would not comment before the hearing. Chief Carey also declined to comment, said CSPD spokeswoman Barbara Miller.—Contact John Schroyer: 476-4825Twitter: @JohnschroyerFacebook: Gazette John Schroyer

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