HomeMy WebLinkAbout2019CV30889 - ADAM WIEMOLD V. CITY OF FORT COLLINS - 001 - NOTICE OF APPEAL1
LARIMER COUNTY DISTRICT COURT
201 LAPORTE AVENUE, SUITE 100
FORT COLLINS, COLORADO 80521
COURT USE ONLY
Appeal from the Fort Collins Municipal Court
The Honorable Judge Kathleen M. Lane
Case No. 2018-0240752-MD
Defendant-Appellant:
ADAM WIEMOLD
v.
Plaintiff-Appellee:
PEOPLE OF THE STATE OF COLORADO
Adam Frank
FRANK AND SALAHUDDIN LLC
1741 High Street, Denver, CO 80218
adam@fas-law.com
Phone: 303-974-1084
Fax: 303-974-1085
Attorney Registration Number: 38979
In cooperation with the ACLU of Colorado
Case Number:
NOTICE OF APPEAL
Pursuant to C.R.M.P. 237 and Crim. P. 37(a), Mr. Wiemold hereby gives notice of his intent
to appeal the Municipal Court’s orders concerning his Motion to Dismiss and his Motion to Vacate
Conviction and Enjoin the Imposition of Any Sentence.
Statement of the Case
On the early morning of September 11, 2018, Fort Collins Police Officers gave Mr. Wiemold
a summons for allegedly violating Fort Collins Municipal Ordinance § 17-181, which restricts
camping on public property. On that morning, Mr. Wiemold was homeless and sleeping in his truck
DATE FILED: October 2, 2019 3:53 PM
FILING ID: F9C186D7E7CE6
CASE NUMBER: 2019CV30889
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at a Colorado Department of Transportation rest area located at I-25 and East Prospect Road. All
homeless shelters were full and Mr. Wiemold had nowhere else he could stay. Other people
experiencing homelessness were also sleeping in their cars at the rest area that morning and were
similarly summonsed. The officers did not contact or summons truck drivers sleeping in the cabs of
their trucks at the same rest area.
On March 22, 2019, Mr. Wiemold filed a motion to dismiss the charge pending against him.
This motion alleged that (1) it violated the Eighth Amendment and article II, section 20 of the
Colorado Constitution for the City of Fort Collins to prosecute Mr. Wiemold for sleeping in his
truck when he had nowhere else to sleep, and (2) that it violated the Fourteenth Amendment for the
City of Fort Collins to prosecute people the city believed to be homeless for sleeping in their
vehicles at the rest area when the City did not prosecute the similarly situated truckers.
On May 7, 2019, the Municipal Court held an evidentiary hearing on Mr. Wiemold’s motion.
On May 30, 2019, the Municipal Court denied the motion. Regarding the Eighth Amendment
challenge, the Municipal Court ruled that the challenge was not ripe, as Mr. Wiemold had not yet
been convicted or sentenced. Regarding the Fourteenth Amendment challenge, the Municipal Court
found no violation.
On August 7, 2019, the Municipal Court held a court trial. On August 8, 2019, the Municipal
Court found Mr. Wiemold guilty of violating Fort Collins Municipal Ordinance § 17-181.
On August 7, 2019, Mr. Wiemold filed a Motion to Vacate Conviction and Enjoin the
Imposition of Any Sentence. This motion alleged that it would violate the Eighth Amendment and
article II, section 20 of the Colorado Constitution for Mr. Wiemold to suffer a conviction and the
imposition of any sentence for his conduct of sleeping in his truck at the rest area, given that the
only reason he was sleeping in his truck was he had nowhere else to go. At Mr. Wiemold’s request,
the Municipal Court held this motion in abeyance until the Municipal Court rendered its verdict.
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On September 6, 2019, the Municipal Court denied Mr. Wiemold’s motion.
Alleged Errors of the Municipal Court (Crim. P. 37(b))
Mr. Wiemold alleges that the Municipal Court erred when it denied his Motion to Dismiss
because his prosecution constituted selective enforcement of the law in violation of the Fourteenth
Amendment.
Mr. Wiemold alleges that the Municipal Court erred when it denied his Motion to Dismiss
because his prosecution for sleeping in his truck when he had nowhere else to go violated the
Eighth Amendment and article II, section 20 of the Colorado Constitution.
Mr. Wiemold alleges that the Municipal Court erred when it denied his Motion to Vacate
Conviction and Enjoin the Imposition of Any Sentence because the imposition of a conviction and
any sentence for Mr. Wiemold sleeping in his truck when he had nowhere else to go violated the
Eighth Amendment and article II, section 20 of the Colorado Constitution.
Designation of Record
The record for this appeal should consist of:
• The entire contents of the Municipal Court file, including but not limited to all motions,
responses, replies, hearing briefs, hearing brief responses, hearing brief replies, orders, and
the verdict concerning the two contested motions subject to this appeal;
• A transcript of the May 7, 2019 motions hearing;
• A transcript of the August 7, 2019 trial.
Adam Frank, #38979
FRANK & SALAHUDDIN LLC
In Cooperation with the ACLU of Colorado
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Certificate of Service
I hereby certify that on October 2, 2019, I served a true and correct copy of the foregoing
electronically via the CCE e-filing system upon the trial court, as well as the following individuals,
either directly through CCE or via email:
Jill Heuser
For Collins City Attorney
jhueser@fcgov.com
Fort Collins Municipal Court Clerk
court@fcgov.com
______________________
Adam Frank
FRANK AND SALAHUDDIN LLC
Attorney for Plaintiff