The ACLU of Colorado has filed a lawsuit against the city of Pueblo for their ordinance prohibiting syringe exchange programs within city limits.

ACLU filed the lawsuit on behalf of the Colorado Health Network and the Southern Colorado Harm Reduction Association. These two organization are non-profits who operate syringe exchange programs in Pueblo.

The lawsuit claims that the new Pueblo law, proposed on April 22 and passed on May 13, that prohibits the operation of syringe exchange programs is preempted by Colorado state law. ACLU is asking for a temporary restraining order as well as a preliminary injunction to stop the enforcement of the law, effective immediately.

The state of Colorado first authorized syringe exchange programs in 2010. As of 2020, these programs are able to operate without the need for any prior approval from a county board of health or district board of health.

The Pueblo City Council first proposed said ordinance on April 22. The ordinance would prohibit the establishment, operation, use and participation of syringe exchange programs within city limits. The ordinance would classify these programs as a “specific nuisance” and would impose criminal penalties on service providers like Colorado Health Network and SCHRA for participating.

The ordinance received strong opposition from both members of the community and public health experts.

Despite the concerns raised, Pueblo City Council went on to pass the ordinance on May 13, leading both Colorado Health Network and SCHRA to cease operation of their exchange programs out of fear.

Now, Pueblo is being sued for passing and enforcing the ordinance.

“Pueblo’s decision ignores basic public health policy and the evidence-based programs that seek to ensure all Coloradans have access to essential health care, education, and harm-prevention,” Tim Macdonald, ACLU of Colorado Legal Director, stated in the press release sent out Tuesday.

Macdonald says that Pueblo is violating state law through the ordinance.

“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,” Macdonald stated in the press release.

Colorado Health Network and SCHRA claim that syringe exchange programs are useful in preventing the spread of infectious diseases such as HIV and Hepatitis C. Furthermore, those who use these programs can build a relationship with people who can connect them with resources like overdose prevention education, substance use disorder treatment providers and STI testing.

“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 Southern Colorado Harm Reduction Association, stated in the press release Tuesday.

Alongside Macdonald, the legal team includes ACLU of Colorado Staff Attorneys Lindsey Floyd, Annie Kurtz, Sara Neel, as well as ACLU Cooperating Attorneys Christine Ranney, Al Kelly and John Harrison with Gibson, Dunn & Crutcher LLP.