District Court Judge William D. Robbins ruled this week that the Denver Park and Recreation’s temporary ban removing people suspected of illegal drug activity from city parks without a hearing, or conviction, violates the U.S. constitution.

The department is currently planning on making adjustments to the ban and create a Park Suspension Stakeholder Group, to provide input on the policy, Cynthia Karvaski, Parks and Recreation spokeswoman, said.

The American Civil Liberties Union of Colorado is currently handling the case of Troy Holm, who was cited after police saw him smoking cannabis in Commons Park.

“By authorizing police to issue so-called ‘suspension notices’ that immediately made it a crime to enter a public park, Denver attempted an end run around the Constitution and the Bill of Rights,” said Mark Silverstein, American Civil Liberties Union of Colorado Legal Director.

Robbins said the use of public facilities such as parks is a fundamental right that can be outweighed only by “compelling governmental interests.”