Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

Council Defends Programs That Remove Consequences to Crime

While Saying They Won’t Remove the Consequences to Crime Disclosure: The author, Karen Morgan, is a member of the Lakewood Advisory Commission. All views and research are her own and do not represent Lakewood nor the Commission. Have you wondered why people are allowed to come wash your windshield and solicit money in the middle of the street? Have you heard there is a law against that? Yes, there is a law against that. Lakewood does not enforce it. Have you seen evidence of lax enforcement, like the comments below from nextdoor.com? All of the situations quoted above have complicating factors and reasons for the law not being enforced. Some of the most popular reasons are: For these reasons, there are a number of crimes that Lakewood routinely forgives through various programs. Following this thought process, a person might think: What’s the point of having a law that is not enforced? A recent proposal from the Lakewood Advisory Commission aimed to research unenforced or partially enforced laws to see if it would make sense to remove them. City Council came out strongly against the proposal. Listening to some Council comments, a person may think Lakewood supported enforcing and penalizing all crimes. Mayor Strom: “I can’t imagine telling a voter that we said we’re going to get rid of the consequences to crime. “ But that is NOT WHAT HAPPENED. In fact, nine Councilors, the Mayor and the City Manager defended the current practice of removing the consequences to crime for all the reasons listed above. This was a “have your cake and eat it too” moment for the city. Picking up on the quote above… Mayor Strom continued with praise for the “innovative” new city programs that are “very much on the side of addressing the homelessness challenge.” The programs she referred to do, in fact, remove the consequences to crime, by diverting offenders into receiving resources instead of penalties. Lakewood Programs that Remove Penalties to Crime Outreach Court is a special court that will connect a person to resources, rather than impose penalties. Council spent a majority of their speaking time defending this growing program. For more on Outreach Court, click here for Lakewood FAQ, click here for forgiving of crimes, click here for original news story. For example, Councilor Sinks says this program works to bring people to [Outreach] Court so they can be forgiven and then get an ID while there. Councilor Stewart defended the Court with the idea that moving the court to a less intimidating place helps people “mitigate” their failure to appear. Councilor Low also believes that low-level offenses are “how we get people in front of Outreach Court”. Note: Failure to Appear is cleared (i.e. forgiven) 99.999% of the time City Manager Kathy Hodgson provided a litany of resources that are provided at Lakewood Outreach Court, including everything from blankets to food to housing assistance. The number of people served at the Outreach Court increases every month, which the city counts as a success. The measure of success does not include recidivism rates nor overall crime rates. Providing people help and resources rather than proceeding with criminal charges is what’s known as “diversion”. The pros and cons of diversion is a whole topic unto itself. Some people love it, such as the ACLU who is known to sue governments who do not make diversion known to those who qualify. Others are still looking for evidence of any benefit. Getting an ID is not a consequence to crime. Forgiving (i.e. clearing or mitigating) is not a consequence to crime. The city’s fierce defense of Outreach Court shows the city is very much in favor of removing the consequences to crime, at least for some crimes, for some people. Non-enforcement also happens routinely, with full Council support. For example, Council Member LaBure said “I think we’re not gonna be able to police our way out of a lot of the problems and the challenges that we’re facing, so we gotta find new strategies to help our police department to make sure that, they’re not spending their time on sort of low-level crimes and that are really focusing on the real, important challenges.” Council Member Shahrezaei supported “the creative ways that we’re serving some of our most vulnerable in the community” and said these programs have a “positive impact on us.”  She feared people who might want “want to eliminate programs that don’t impact everyone.” Another “creative way” of serving the community is through the LEAD program. This program diverts crimes associated with homelessness by “providing resources to those committing low-level crimes.” Low-level crimes named by the police include trespassing, drug paraphernalia, and public intoxication. Explanations for non-enforcement include lack of time, lack of resources, and the low-level nature of the crime. The rest of Council supported the track Lakewood is on, that is lessening enforcement, for a variety of reasons. Councilor Mayott-Guerrero said “our police force is doing an incredible job balancing really difficult changing circumstances within our city and our working very hard to recommend and figure out their staffing challenges to figure out how to again address some of these crimes.” Read more here about current police philosophy of treating the individual, not the crime, in Lakewood news. Taking Lakewood at it’s word, non-enforcement and consequence-removal programs are already in place. That it not the question. The question is if it might make sense to research alternative programs that do the same thing. One alternative is law removal. For example: These kinds of policies seem the natural progression of the track Lakewood is on. It is similar to suggestions from the city to “lessen deportation fears”. Are Current Practices Working Councilor Olver was the only one to suggest that current practices are not working. Speaking to the manager of the Walmart on Wadsworth, he has confirmed that the self-checkout lanes in both stores have been closed due to rampant shoplifting. He suggested that research go forward, not to remove laws but to

Citizens Launch a Petition to Take Back Parks and City Stalls it

In the last week, Lakewood citizens launched a petition, started gathering signatures, and had the petition stalled by the city. From Save Open Space Lakewood Today Lakewood citizens start to take back their parks and open spaces from developers Thursday, March 21, 2024—Today Save Open Space Lakewood launches a petition requiring the City of Lakewood to strengthen and adhere to its ordinances to preserve land and open space.   Once the petition reaches a requisite 6,000 Lakewood citizen signatures, it qualifies to become a ballot issue. Initiative Summary as Set by Lakewood City Clerk: Shall the City of Lakewood Municipal Code Chapter 14.16. PARK AND OPEN SPACE DEDICATION be repealed and replaced to eliminate the option for developers to pay a fee in lieu of parkland dedication and to require the City to accept open space and land dedications for current and future developments. For the full initiative text and to learn where Lakewood registered voters can sign the petition, go to SOSLakewood.org or contact Cathy Kentner at (303) 349-2434. Gross ineptitude or sabotage? City of Lakewood’s actions last week and in the past show loyalty to developers over citizens Citizens’ petition to save Lakewood’s parks from developers deemed invalid due to City error, robbing petitioners of time to secure enough signatures for citywide vote  Is this gross ineptitude or sabotage by Lakewood, which has thwarted dozens of citizen-led efforts, many to combat large developments next to parks and open space Read the full story at Save Open Space Lakewood

Lakewood Supports City Planners Over Residents

The development at 777 S Yarrow St, Lakewood, Colorado, has brought residents concerns over development to the forefront. Despite having ordinances and zoning codes, residents have identified concerns with traffic impacts, wildfire and emergency response, the loss of trees and questionable park fee implementations. Residents continue to act for this cause, at SaveBelmarPark.com, and there has been rumors of possible legal action. However, if Colorado House Bill 1107 gets passed, residents will have an even more difficult time bringing legal action against the city, because they will face legal fees if they lose the case. The bill is meant to decrease suits from residents, who don’t understand that the city has done research to show that the city is right, and therefore, resident concerns are generally unfounded and possibly frivolous. The Lakewood Legislative Committee, has taken a support position on this bill, meaning they support making it harder for residents to bring legal action against the city. This position provides an insight as to why so many resident complaints, like those of hundreds of people against the S Yarrow St development, are often given lip-service or outright ignored. The issue highlights an important dichotomy in government. Technically, in a representative democracy, the residents should be telling elected officials what they want in terms of legislation. The elected officials then vote on a policy and the city staff will implement it. But what happens when politicians use targeted words to get a policy through that means something other than what people think? What happens when words from last year can be reinterpreted to mean something different this year, so that policy can change without so much as a public discussion? These are the questions that residents ask when looking at the rules for developing S Yarrow St. How is it possible that a little street with a small building footprint can have no negative impact to traffic if you change it to high-density residential an add an extra couple hundred cars? Aren’t there rules to maintain a neighborhood in similar fashion? In Colorado Springs, residents have found the answer in taking legal action against the city. Springs residents’ often cite the same problems – and developers are tired of it. According to this article in The Gazette, developers cite the need for more housing while residents cite safety concerns. Reading this article, where they talk about the 7-story complexes going in that are causing traffic concerns for the residents, you may think you are reading about Lakewood. City Has the Experts Lakewood will often require a traffic impact study, or environmental study when necessary. This expert testimony is the basis for approving projects. As one quote from the Gazette article stated, “”When [neighborhoods] fight these projects, they are not agreeing with the experts. They are deciding for themselves that it’s not safe.” “In recent years, numerous political theorists and philosophers have argued that experts ought to be in charge of public policy and should manipulate, or contain, the policy preferences of the ignorant masses.”  – Nicholas Tampio, aeon.co It is rare that cities will change their mind on project approval. Residents concerned with 777 S Yarrow have been told for months that nothing substantial can be done. So legal action brought by residents will typically delay a project, but will not cause any particular change. To limit these delays, developers and cities need a way to stop residents from pursuing legal action. One way to achieve that is through HB24-1107 which proposes that residents who legally challenge the city will have to pay legal fees if they lose. Passing HB24-1107 is sure to discourage residents, who already have less financial and legal resources than the city or developers they are facing. Lakewood Council Member David Rein pointed out that this legislation is very one sided because developers are still free to bring legal action with no increased risk to themselves, which will not be the case for the residents. However, with his “city hat” on, Rein supports the legislation. Councilor Glenda Sinks said that Lakewood should support this bill because it’s a way to support staff. No one publicly considered the increase in legal action as a cry for help from the residents, who have presumably asked for the ordinances to be enforced in the way residents commonly understood they would be (for example, open space would be park space, not including dumpster space.) Unanimous approval from the Legislative Committee: Council Members Sinks , Cruz, Stewart, Rein, LaBure (absent) Legislative positions are not posted anywhere or shared unless there is a “strong” position. But this signals to the residents that Lakewood considers resident appeals to be generally not worthy of support.

Terumo BCT Subject to New Emission Rule

Terumo BCT is one of four commercial medical sterilization facilities in Colorado subject to a new regulation meant to decrease emissions and reduce cancer risk associated with ethylene oxide. Terumo BCT Sterilization Services Inc., Lakewood’s 10th largest employer, has been the subject of lawsuits regarding concentrations of this compound that may cause cancer (see Westword article for more information). Residents have been submitting Lakewood news and public comment on the issue and it came to the attention of Lakewood City Councilor Rich Olver. Olver made a request on May 4, 2023 to hold a study session on the topic, inviting the EPA and Terumo to discuss. The motion was approved on May 22, 2023, but no study session ever occurred. Council Member Olver reports that he has renewed his request for a study session. The EPA press release does not provide any outside scientific references for how or why this the new rule is necessary but does predict a 90% reduction in emissions. Promoted Post:

Highlights from Community Informational Meeting

The Community Meeting held on March 12 got mixed reviews, with some residents giving the speakers rave reviews while others left early. Although one resident cited a lack of Lakewood specific information as the reason for dissatisfaction, others were glad for regional information that is now pertinent, given the local ramifications. The main speaker was John Fabbricatore, a subject matter expert, talking about statewide immigration policy. He explained how federal immigration laws would work if they were equally enforced. Kim Monson, of the Kim Monson Show, spoke about holding elected representatives accountable. Local resident and X star Marge Collum spoke about her experience with a video going viral and why people were grateful that she spoke out. Videos of some of the speeches are available below. Marge Collum started the evening, giving an inspirational speech about how her speech at City Council went viral and how many people appreciated hearing from her. She ends with, “Why do I speak? Because I am more afraid of what will happen if I don’t.” She speaks about becoming a citizen journalist and standing together as Americans. See her whole speech here on Rumble, or see the highlights here on YouTube. Fabbricatore is a subject matter expert on border issues. He discussed the history of ICE and how our laws would work if they would just be enforced. He says, “You will hear this argument that everyone who is here was let in and they are legal. That is not true. … They are here illegally and they were let in to see an immigration judge because they made a claim to asylum.” Fabbricatore also talked about the role of state law in blocking ICE cooperation. His advice is to whittle the state laws back to allow federal law cooperation. Fabbricatore’s full speech is available by clicking here. “I am not the only one on the stage tonight to say we are for LEGAL immigration!” -John Fabbricatore Meeting organizer Ramey Johnson says, ““This  community came together once again for a Town Hall  regarding our legitimate concerns about illegal immigration in Lakewood and how illegal immigration is affecting this city.   Financial and safety issues are real regardless of what you hear.  The more I know, the more I understand that elections have consequences.  We will continue to meet until our voices are heard”

Vacant Property Fee Focuses on the Lesser Problem

Lakewood City Council has set new penalty fees for vacant property owners in Lakewood. Some vacant land has been elevated to the level of a public nuisance because of the homeless encampments on them. However, camps on private property are a relatively new and lesser phenomenon than camps on public property. Public homeless camps have been increasing in Lakewood news for years, as Denver homeless have been expanding into Lakewood. Public encampments are so prevalent that they are increasingly being found on private property. The increased crime and poor economy has led to a downward spiral of vacant properties. So Lakewood has instituted fines on a property owner for having vacant land. Did Lakewood focus on the lesser private problem instead of addressing the larger public problem and is this an adequate alternative to hiring more police officers? Public Homeless Camps 2013-Oct, 2020 In 2020, Lakewood first started posting notices for private property. As shown below, they made a significant number of private property notices over two months, but it was still not as common as public camps. The temptation for Lakewood will now be to pursue these private properties to bring in revenue from fines at the expense of cleaning up the larger public property problem. Many properties in Lakewood have been vacant for years, with no crime problem, but since economic development has stagnated, these owners are left with property the owners would like to have in productive use but that option isn’t available at this time. So now property owners will be fined for a condition that is already not of their choosing, making it harder to sell the property as well. As of January 22, 2024, each vacant property owner must pay the city $700 every six months if the property is vacant and $800 for every emergency service call. The purpose of the fines is to incentivize property owners to find a renter faster or take their own security precautions. It is important to note that these taxpayers already pay for city and emergency services but the city is now charging extra. This may disincentivize new buyers from investing in Lakewood for long-term buy and hold strategies. At the City Council retreat on March 2, Mayor Wendi Strom commented that using city funds to demolish vacant private property was better than pursuing more police hires when Lakewood has still not hired to full staff capacity. In the end, if the city cannot control the larger issue of camps on public property, what are private owners to do differently? Reader Recommended Business: Cafe Ole

A Look at Crime Statistics in Lakewood

Guest post from Bill Foshag During public comments at the February 26th Lakewood City Council meeting, Tom Gonzales, a Lakewood resident remarked that he was told by Lakewood Police Department (“LPD”) officers there was nothing they could do about the panhandling (window washers) on street corners – that the police “were handcuffed”.  Later, Councilman Rich Olver posed a question based on these remarks to Deputy City Manager Ben Goldstein – is it true that our officers are “handcuffed” or is there something they could do about panhandling on street corners?  Mr. Goldstein answered that it depends on the circumstances (what safety issues are at play), that it’s a matter of resources (not having enough staff), and that “it is a complex issue”.  Mr. Goldstein suggested that LPD could put together a report for Council that would address the issue.  Under Lakewood Municipal Code 12.18.020, it would seem that window washing would be clearly prohibited: A. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when such solicitation or collection: 1. Causes the person performing the activity to enter onto the traveled portion of a street or highway; 2. Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; 3. Causes the traffic on the traveled portion of a street or highway to be delayed or impeded; or 4. The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction B. It shall be unlawful for any person to solicit or attempt to solicit employment, business, contributions, or sales of any kind from the occupant of any vehicle traveling upon any controlled-access highway including any entrance to or exit from such highway. Why certain city codes are not being enforced is perplexing.  Seeing window washers at Alameda and Wadsworth at mid-day, walking between the lanes of traffic and between cars while trying to return to the median when the light turns green is clearly not safe for those individuals or for the drivers who have to maneuver their cars to avoid hitting them.  Common sense would dictate that it would not be difficult for an officer witnessing this activity to pull over and issue a citation – there should be nothing “complex” about this.  This is not the fault of the officers, who are employed to serve the citizens of Lakewood, and put their lives on the line for us every day. They follow the instructions they are given by their managers and whatever guidelines the City has adopted concerning law enforcement. It appears that a decision has been made by someone in a leadership position within the city that certain laws will not be enforced. Reviewing the numbers A review of crime figures in Lakewood might help shed a little light on what seems to be happening. Lakewood publishes a couple of reports containing crime statistics each year, a Chief’s Report and a LPD Annual Report.  Looking at these reports for the reporting years of 2019 thru 2022 (the latest year available), the reports typically include the number of criminal offenses for the report year, plus the figures for a couple of previous years for comparison.  However, the crimes that are reported each year are not always the same.  An example being the 2018 and 2019 LPD Annual reports do not include a number of property crimes (mostly fraud and some theft related crimes) that are included in reports for 2020 and later. There are also some unexplained differences in the annual totals that are reported. For instance, crimes for the year 2019 total 12,127 in the 2021 LPD Annual Report, 12,299 in the 2020 report, 11,877, in the 2019 report.  Some of these differences may be due to newer reporting standards.  Most law enforcement agencies across the US report crimes to the FBI using the National Incident-Based Reporting System (NIBRS), which succeeds and expands on the earlier Uniform Crime Reporting (UCR) system that dates back to the 1920’s.  However, not all agencies in the US report to NIBRS, as some have incomplete historical data and others are still working to convert their UCR data to NIBRS. Crime data thru 2023 for Lakewood is in NIBRS, but Lakewood yet to publish their LPD Annual Report for 2023.  NIBRS breaks crimes in to two major groups, Group A Offenses and Group B Offenses. Group A Offenses, generally considered more serious offenses, are further broken down and grouped as Crimes Against Persons, Crimes Against Property, and Crimes Against Society.   Group B Offenses are generally less serious offenses and include trespassing, disorderly conduct, DUI, liquor violations, and “other offenses”.  Group B Offenses report actual arrests, whereas Group A Offenses only reflect the report of a crime whether or not an arrest is made. The NIBRS data lends itself better to analysis as it is more detailed, complete, and consistent compared to the data that is in the LPD Annual Reports and the Chief’s Reports.   The NIBRS figures show normal fluctuations in reported offense totals from year to year. Three-year averaging was used to remove some of the statistical noise and establish a longer term trend.  Looking at average number of crimes reported for 2017 thru 2019, compared to 2021 thru 2023, the NIBRS data is showing an overall increase of 13.5% in Group A Offenses.  This includes in a 9.4% increase in Crimes Against Persons, a 12.4% increase in Crimes Against Property, and a 23.5% increase in Crimes Against Society.  Some of the offenses that are driving this increase include assaults, car (and car parts) theft, and destruction of property. What Lakewood is not reporting Within Group A Offenses, reported incidences of Crimes Against Society (mostly including drug and weapon related violations) increased from 2,475 to 3,056 (+23.5%) on average for

Community Meeting March 12

Two flyers are circulating for a community meeting on March 12, 2024. One flyer lists a speaker and suggests the topic of the meeting is immigration. The other flyer suggests the meeting is being called because City Council cancelled the March 11 Council meeting. The Council meeting was cancelled so that Councilors might attend the previously scheduled National League of Cities meeting in Washington DC. It is unclear when city officials were invited to the community meeting or if any can attend. Although discussion topics are not listed, the growing number of migrants is a concern to Lakewood residents – a concern that did not make it to the City Council 2024 priority list. These community meetings may offer residents an opportunity for discussion that is not otherwise available. The community meeting is open to all, at Emory Elementary, March 12 at 6:30 pm.

An Opportunity to Connect Newcomers with Housing

Guest Post from a Lakewood Resident and former Denver Landlord This activity by Denver City/County needs be known by all. Whatever your perspective or opinion, you should at least be aware of what city governments are now doing in general, the new vocabulary by which they are now framing it,  and with information they demand of you. Specifically by Denver….. Below is an actual email received by a Denver landlord with an active Single Family Home listing. Receipt of this letter from the City/Cty of Denver represents them trolling active rental listings (even long-term rental landlords in Denver now must be licensed, in case you did not know), & applicants for long-term rentals. The subject line of the email from the City and County of Denver is: “An Opportunity to Connect NEWCOMERS* with Housing”* For as long as I have ever been alive, a property owner or landlord could face legal consequences if they ever leased to an undocumented foreigner– someone without a green card or legal residency status.  In Denver itself, specific neighborhoods have been harmed by those who rented as 2-4 people then brought  10,11, 12+ illegals in to live in  one 1-2 br home. Now it seems, Denver City/County are going the opposite direction.  Denver is actually encouraging a type of discrimination against locals by asking landlords/property owners to rent instead to ‘newcomers’. (the new nomenclature*).  Already in short-supply, especially at the lower end of the rate spectrum, this effectively takes away long-term rentals  from local workers and citizens. Remember, not too long ago Denver decided that anyone renting residentially in Denver must REGISTER.  So, all Denver landlords are now required to get licenses, identifying themselves, providing all sorts of detailed info.  One realtor told me it took four hours to comply with this bureaucracy. Now, Denver is using the info gathered from those registrations and  ´asking’ landlords of the most affordable housing available (already in short supply) to lease to illegals with no docs—oops, I mean ‘newcomers’. The property owner has NO  ability to know the background of such persons as they would per standard practices, have no way of being assured  such persons are not criminals, violent, drug runners, terrorists or simply don’t have a bad rental history. The ‘newcomers’ on the other hand know there are no consequences for any damages they cause the landlord. Of concern aka Shortsighted ‘feelgood’ decisions by Denver City Council: Does this relate to Lakewood? One cannot but wonder, observing current Lakewood council comments and recent decisions,  is Lakewood next to adopt this Denver behavior? Such would be no surprise, would it? The letter evokes the same tone that Lakewood City Manager Hodgson brought back from her meeting with Denver city/Adam Paul about Lakewood being  a welcoming and a good neighbor.  Such desire was loudly echoed by most of the current Council. *File this under FROG IN THE POT syndrome. The no longer allowed vocabulary of “Illegal Aliens” became “Aliens” became “Undocumented Residents/Persons” became “Immigrants” (an insult to those who followed the rules), this year became “Migrants” (an insult to much needed legal migrant workers and farmers growing our food) and is now being presented as ‘newcomers’—most likely so they can deny and accuse if we share their actions publicly. “When you take from legal, taxpaying, working citizens, themselves stressed financially, to give to those who do not respect the rule of law and live off those working citizens of that community against whom you are discriminating, you create prejudice, discord and ultimately violence from both sides.” THE LETTER DENVER CITY/COUNTY IS SENDING TO LANDLORDS: Subject: An opportunity to connect newcomers with housing March 5, 2024 Dear stakeholders in our local residential rental property industry,  You are receiving this email because you have an active or pending residential rental property license with the City and County of Denver. The City and County of Denver has long prided itself on being a welcoming city, coming together and supporting one another in times of crises, and supporting each other as much as needed. With almost 40,000 migrants arriving in the Mile High City since 2022, the city’s ongoing efforts include working closely with the community to find solutions that would more efficiently and effectively support our newcomers.  To this end, we are working to assess how many licensed rental property owners and those with pending applications are interested in assisting the city in connecting newcomers with stable housing.  Read the whole letter here

An update on the CORA request bill HB24-1296

Cross post from the Colorado Accountability Project …the issue here isn’t one along party lines.  It’s one where an arrogant group of politicians have no compunctions about limiting the public’s ability to see what they’re doing.  And they do this in direct defiance of voters saying they want more transparency. I take this CORA vote the same way.  This is legislators thumbing their nose at everyday Coloradans like you and me.  Read more at the Colorado Accountability Project Editor’s Note: Lakewood has taken no position on this or any other legislative item, including: prohibiting residential occupancy limits, higher density construction , more statewide land use control, allowing local law enforcement to cooperate with ICE The Lakewood Legislative Committee meets March 7 at 3 pm. An explanation of HB 24-1296 from the Colorado Freedom of Information Coalition The introduced version of House Bill 24-1296 had given records custodians the power to consider anyone — except a journalist — as vexatious if that person demonstrated “an intent to annoy or harass a custodian,” limiting their access to public records under CORA for 30 working days and making them go to court to challenge that designation. Read more…

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