DENVER – A federal judge on Thursday again put off ruling on the constitutionality of Colorado Springs’ new ban on panhandling and other solicitation downtown, saying she will issue her decision Tuesday afternoon.

The Colorado chapter of the American Civil Liberties Union sued the city immediately last month after the City Council approved a “no-solicitation zone.” The ACLU requested a preliminary injunction against the law to prevent its implementation on Dec. 19.

Denver federal District Court Judge Marcia Krieger first heard the lawsuit on Nov. 30.

Though Krieger was prepared to rule on the matter after an all-day hearing Thursday, attorney Daniel Dunn, speaking for the city, requested that she put off the matter so the city attorney’s office can submit another brief. Krieger’s ruling Tuesday is timed to be one day before the law is implemented.

Krieger gave Dunn a deadline of 9 a.m. Monday morning to submit further arguments and evidence. Dunn declined to comment after the hearing.

Colorado ACLU Legal Director Mark Silverstein said all their evidence had been submitted.

Silverstein and two other ACLU lawyers painted the ordinance on Thursday as an unjust crackdown on homeless panhandlers. Dunn and several high-profile witnesses — including Mayor Steve Bach, City Councilman Merv Bennett and Colorado Springs Police Chief Pete Carey — argued that the ban is in part a public safety issue and that the City Council was within its rights in passing it.

Dunn is a partner at Hogan Lovells law firm, which the city retained for the case. City Attorney Chris Melcher attended most of the hearing, but left mid-afternoon to attend the Colorado Springs Utilities Board meeting.

Near the end of the hearing, Krieger expressed doubts over the ban. Despite the city’s attempt to carve out exceptions for activists who want to hand out information without asking for money, Krieger wondered aloud whether handing out leaflets and instructions as how to donate to charities or political groups could possibly be illegal under the ban.

“This is the hard part for me — this ordinance was worded very broadly to avoid strict scrutiny, but narrowly to avoid broad scrutiny,” Krieger said. “What we’ve got is an inconsistency.”

Thursday’s hearing on the preliminary injunction focused on the ACLU’s argument that the no-solicitation zone chills free speech and violates the First Amendment by prohibiting panhandling and other solicitations. The ban includes volunteers for charities and street performers looking for tips.

Silverstein said the public safety argument by city officials is “an attempt to stretch a doctrine that doesn’t stretch that far,” and doesn’t override the First Amendment.

ACLU staff attorney Rebecca T. Wallace noted while questioning Chief Carey that six violent crimes that have taken place downtown in the past year have not clearly involved solicitors or panhandlers.

Carey replied that a lot of solicitors carry weapons.

Both Bach and Bennett told Krieger that the ordinance was not aimed specifically at panhandlers but at all types of solicitors, including volunteers for charitable organizations such as the Salvation Army.

Bach, who testified via telephone from Colorado Springs, had been subpoenaed by the ACLU to testify. Wallace tried to portray him as prejudiced against the homeless.

“A homeless person is one form of, but not the only form, of solicitation that has become a problem,” said Bach. “You have to look at this as a totality.”

Bach said he didn’t recall if he had any written complaints about the homeless and other solicitors downtown, but said his office has fielded numerous phone calls complaining about people asking for money.

Bennett said he and his peers had taken great pains in crafting the no-solicitation zone so as not to undermine freedom of speech. He said the zone is relatively small, and extends for six blocks north-south and two blocks east-west, and doesn’t include all of downtown. He noted that solicitation is still allowed in front of City Hall, the courthouse, and in numerous parks, such as America the Beautiful Park.

The no-solicitation zone includes Acacia Park in the heart of downtown.

If Krieger grants the ACLU’s request for a preliminary injunction, another hearing will be scheduled, possibly in January or later, for arguments on the merits of the ban.

Colorado College’s Michael Morin (19) joins the celebration following Jared Hanson’s (24) goal against North Dakota, giving the Tigers a 1-0 lead in the first period Friday at the World Arena in Colorado Springs. No. 18 CC defeated No. 7 North Dakota 5-3. Photo by KEVIN KRECK, SPECIAL TO THE GAZETTE