Executive Committee Resolution on Initiative 300

Resolution In Opposition to the Initiative 300 on the November 3, 2009 Ballot
Passed Unanimously by the Executive Committee of the Democratic Party of Denver
October, 20, 2009

WHEREAS, Initiative 300 removes the current discretion that Denver Police Officers have to determine when towing a vehicle is appropriate to assure the public safety in situations when a person is found driving without a driver’s license; and

WHEREAS, the City and County of Denver already has extensive and detailed vehicle impoundment laws that are applied vigorously and fairly to all persons regardless of race, ethnicity, or immigrations status, as indicated by the over 33,000 citations which have been referred to the Denver County Court in 2008 related to driving without a valid operator’s license; and

WHEREAS, the Denver Police Department (DPD) estimates that I-300 would more than double the number of vehicle impoundments and that each tow increases the out-of-service time for the officer by one hour, thus reducing the officer’s ability to respond to community calls for service; and

WHEREAS, the implementation of Initiative 300 will impose a significant drain on City resources, with a minimum impact on the Denver Police Department of $1,672,556, according to a recent Police Department study, and additional costs to the Sheriffs’ Department and County courts and City Attorney’s Office; and

WHEREAS, I-300 purports to offer reasonable exceptions to mandatory impoundment for victims of auto theft, car rental companies, and auto lien holders; however, the City’s current law already provides these exceptions as enacted by the Denver City Council and I-300 actually makes it tougher for innocent lien holders to recoup their business costs for a vehicle that is impounded through no fault of their own; and

WHEREAS, under the proposal, drivers who simply forgot their identification will continue to be inconvenienced and police time tied up impounding vehicles for minor infractions and waiting for tow trucks instead of focusing on drivers who pose real public safety risks such as habitual traffic offenders or those driving under the influence; and

WHEREAS, I-300 will result in mandatory impoundment and bond requirements for vehicles driven by unlicensed individuals who do not own the vehicles and may be driving without the owners’ knowledge or consent; and

WHEREAS, the City Attorney has advised that, if adopted, I-300 will potentially subject the City to litigation on various legal theories including: state preemption under Colorado driver's licensing statutes; federal preemption under U.S. immigration statutes; warrantless seizure of private property without due process of law in violation of the Fourth Amendment; and violation of separation
of powers between the legislative and executive branch; and

WHEREAS, the initiative is opposed by the Colorado Association of Chiefs of Police and County Sheriff’s of Colorado, Denver Post, Anti-Defamation League, Denver Area Labor Federation, Interfaith Alliance, Colorado Progressive Coalition, Colorado Black Women for Political Action and many other organizations and elected officials.
 

NOW THEREFORE, BE IT PROCLAIMED BY THE EXECUTIVE COMMITTEE  OF THE DEMOCRATIC PARTY OF DENVER: That the Committee hereby declares its opposition to, and urges Denver citizens to vote NO on Initiative 300 on November 3, 2009.