(PUEBLO, Colo.) — A judge in Pueblo issued a temporary restraining order that would allow syringe exchange programs (SEPs) to resume operations immediately, after City Council voted in May to ban the operation and participation in such programs.

An ordinance was originally proposed in April of 2022 by Councilor Regina Maestri, in an effort to reduce drug paraphernalia in the city.

PREVIOUS COVERAGE: Pueblo City Council votes to ban syringe exchanges

The ordinance passed on May 13 in a 5-2 vote, which criminalized “the establishment, operation, use, or participation in syringe exchange or distribution programs.”

However, following a motion for a temporary restraining order by the American Civil Liberties Union (ACLU), on June 6, the Pueblo District Court granted the restraining order, halting enforcement of the ordinance and allowing SEPs to resume, effective immediately.

According to the ACLU, Colorado first authorized the operation of SEPs by statute in 2010. At that time, state law required such programs to obtain prior approval from a county or district board of health. In 2020, in order to remove the issue from political influence, the State modified the law to authorize qualified and experienced non-profits like the Colorado Health Network and Southern Colorado Harm Reduction Association (SCHRA) to operate SEPs without prior board approval.

“[The restraining order] will remain in effect until the parties have a chance to present further evidence at a hearing scheduled for July 10, 2024,” said Tim Macdonald, ACLU of Colorado Legal Director. “We look forward to demonstrating why this harmful ordinance is unlawful and should not be enforced.”

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