(PUEBLO, Colo.) — A Pueblo County District Court judge has ruled an ordinance brought forth by the Pueblo City Council to ban needle exchanges is preempted by state law and cannot be enforced.

The ordinance banning syringe exchange programs (SEPs) was originally proposed in April of 2022 by Councilor Regina Maestri, reportedly in an effort to reduce drug paraphernalia in the city. The ordinance passed in May on a 5-2 vote, effectively criminalizing “the establishment, operation, use, or participation in syringe exchange or distribution programs.”

However, in June, the district court issued a temporary restraining order to halt enforcement of the ordinance following a lawsuit by the American Civil Liberties Union (ACLU). ACLU of Colorado lawyers filed the lawsuit against the ordinance on behalf of the Colorado Health Network and the Southern Colorado Harm Reduction Association (SCHRA).

The suit argued the ordinance violated Colorado law, which authorizes the operation of SEPs in the state if they meet certain statutory requirements.  

Now, SEPs can officially resume operation following another ruling by the district court on Thursday, Aug. 22, which stated the ordinance was preempted by state law.

“We are extremely pleased with our victory in this case and relieved that SEPs can continue to provide much needed resources for Pueblo communities,” said Tim Macdonald, ACLU of Colorado Legal Director. “Syringe exchange programs are powerful and effective tools for connecting people with healthcare resources. They play an important role in reducing incidents of improper disposal of syringes within the community, lessening the threat to public health. “