Here we go again the sanctuary city of Denver is telling the voters to shove it and take care of illegals!!!

City of Denver evades impound rule
New plan targeting unlicensed drivers may go to ballot to shut loophole
By Christopher N. Osher
The Denver Post
Posted: 04/13/2009 12:30:00 AM MDT
Updated: 04/13/2009 08:38:45 AM MDT

Denver isn't requiring police to impound cars of unlicensed drivers despite passage of a ballot initiative last year intended to achieve that result.

The city found a loophole that allows it to ignore the primary intent of the initiative, said Dan Hayes, one of those who successfully pushed the initiative. Now he plans to ask voters to approve a new initiative this November that he believes will give the city no wiggle room.

Hayes said the title of last year's initiative stated that it would take discretion away from law enforcement on whether to impound vehicles operated by unlicensed drivers.

But he said that he neglected to include that language in the body of the ordinance, which voters overwhelmingly approved last year.

Hayes said that based on statistics the city has provided, he believes police impound about 10 percent of the cars they stop that are driven by unlicensed drivers.

"There were discrepancies in the title and the actual text of the ordinance," said Assistant City Attorney David Broadwell, who said he has advised city officials that the discrepancy means officers still have discretion on when to impound vehicles of unlicensed drivers.

Critics contended last year's ballot initiative was a thinly veiled attack against illegal immigrants, who don't carry driver's licenses. They also said it would end up being a cumbersome administrative and legal headache for the city.

Mayor John Hickenlooper argued that the initiative was a bad idea that would divert precious law enforcement resources away from other more important problems, but voters approved the initiative in August.

The city has enforced the ballot initiative's language that required the posting of a $2,500 bond and a $100 fee to get a car out of the impound lot.

Hayes said he thought of mounting a legal challenge to the city's position but eventually decided it would be cheaper and quicker to just take a revised ballot initiative to the voters in November.

He said he also will ask voters in Lakewood and Aurora to pass similar initiatives in November.

He will hold a "review and comment" session with Denver officials Thursday to go over the language of his latest initiative, which still requires the collection of about 4,000 signatures before it can go on the ballot.

The latest effort from Hayes states "the chief of police and their designees shall be required to immediately impound a vehicle" driven by a person violating the city's ordinance on unlicensed driving. Police could issue a summons when a driver has "convincing corroborating identification," but in such instances, the vehicle would be impounded for one year if proof of a valid driver's license is not submitted within 10 working days to a Denver County court.

Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
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