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Opponents Call Impound Initiative Racist

Supporters Say It Makes Streets Safer

POSTED: 5:24 pm MDT September 23, 2009
UPDATED: 10:51 pm MDT September 23, 2009

If you drive without a driver's license in Denver, your car gets towed, and it's $2,500 to bond it out.

The idea may sound simple, but the implementation is generating heated debate about sensitive topics including race, illegal immigration and lawsuits.

"I believe there are a lot of racial undertones," said City Councilman Paul Lopez, noting that the new initiative references "illegal aliens" multiple times and mandates officers to impound cars of anyone "reasonably suspected" of being one.

"It's something that would set us up for a huge lawsuit," said Lopez.

Last November, Denver voters approved Initiative 100, which required officers to tow the car of unlicensed drivers.

However, city leaders have said that a legal loophole has allowed officers to tow cars at their discretion.

Still, they tow about 50 cars a day under the provision.

That's not enough for the initiative's supporters, who are sending a corrected version back to voters in November, and in a safety committee meeting Wednesday, city attorneys said it's a legal minefield.

The Denver Sheriff's Department said the vehicle impound facility is already overflowing with cars towed as a result of Initiative 100. Before, more than 75 percent of cars were claimed from impound, but after Initiative 100, 66 percent are being reclaimed.

"You can't get a car out of impound unless you have a valid license," said Capt. Frank Gale with the Denver County Sherriff's Department. "Those cars are here longer, and we already have space concerns."

If the new impound initiative passes, the cash-strapped city is already talking about having to buy or lease land for more than twice as many impounded cars. Lopez said the law would undermine safety because much needed public safety uses will be used for towing, stowing and babysitting cars.

Denver police said if the initiative is passed, they will need an extra five officers and $1.2 million for towing expenses.

Still, Councilwoman Jeanne Faatz said something needs to be done about "unlicensed drivers running rampant on the streets of Denver. And they are."

Voters will have the final word in the November election.
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