The ACLU of Colorado filed a lawsuit against the city of Aurora on Thursday in an effort to allow Candice Bailey, a community activist with an over 20-year-old felony conviction, run for City Council this November.

Under Aurora’s city charter, those convicted of a felony cannot hold public office. The lawsuit alleges this rule violates Bailey’s constitutional rights because former felons regain rights of citizenship after completing their sentences and the right to run for office is defined as “fundamental” by the Colorado Supreme Court.

“A city has no legitimate business barring someone from running for office simply because they have a past felony conviction,” said Mark Silverstein, ACLU of Colorado legal director. “The Aurora laws we challenge today represent arbitrary and unjustifiable discrimination.”

The charter’s ban of felons, approved by voters in 1961, goes beyond federal and state law, unless the candidate is convicted of things like violating public trust or bribery, according to ACLU. Most Colorado cities don’t have such bans, including Denver, Boulder, Lakewood, Colorado Springs and Centennial.

Bailey, 43, was convicted of felony second-degree assault when she was 22, and spent three years in prison. Bailey’s group of friends got into an altercation with another group, resulting in Bailey and a man from the other group firing guns at each other. No one was injured and both she and the man were charged.

Since being released from prison, Bailey has become a well-known community leader for racial justice, frequently participating in Black Lives Matter protests and serving on multiple advisory boards for the city, including the police community task force.

“The mistakes of your life shouldn’t stop you from living life to the fullest or being of service,” Bailey said. “This is not just about me, but about making sure that all future candidates with felony convictions won’t face the same barrier I have, and ultimately, for voters to decide who they want to represent their communities.”

Aurora City Council candidates must also be at least 21 years old, a U.S. citizen, a registered voter, have lived in the city for at least one year and cannot hold other elective public office or be a salaried employee of the city – all requirements that Bailey meets.

The ACLU of Colorado has previously been involved in similar cases, including in 2001 when it sent a letter advocating against a new Colorado Springs ordinance that barred people with felony convictions from running for office. The City Council repealed the ordinance.

Silverstein said, because of racial bias in the criminal justice system, candidate limitations like these are especially harmful for people of color and place disproportionate barriers on Black and brown communities.

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“These provisions also violate the rights of Aurora residents, who should be free to choose the candidates they believe will be their best representatives,” Silverstein said. “These biased barriers deprive the voters of that choice.”

Bailey announced her intention to run for the Aurora City Council in February, saying she wants to use her experience within the judicial system to improve the city. She wants to address issues including police reform, homelessness, gentrification, small business support and transportation funding.

The lawsuit asks that the court rule that the city cannot use its ban against convicted felons to prevent Bailey from running in the City Council election in November. The lawsuit also asks for an expedited hearing and an extension for Bailey to submit her candidate application.

Bailey intents to run for one of the two open at-large City Council seats, which requires candidates to submit a petition with at least 100 signatures by Aug. 24 to be put on the ballot. As of last week, five candidates were filed to run for the at-large seats.

The city has not yet commented on the lawsuit.