A federal court has recommended dismissing – again – a man’s allegations that the town of Castle Rock violated his free speech by rejecting his request for a digital billboard.

Michael L. Macgowan Jr. indicated Castle Rock had not provided him with an application to place a digital billboard along Interstate 25. He referred to the project as a “Combolisk,” and characterized the denial of his project as “treasonous.”

“It does not matter how bad the PLAINTIFF’s use of the court system, rules and process are, or how many cases are filed, the people have a right to the public space,” Macgowan, who is representing himself, wrote to the court.

In a separate case Macgowan initiated in 2019, a magistrate judge dismissed his claims because Macgowan had not shown how the town’s hearing process was deficient, whether he was treated differently from similar applicants, or why Castle Rock’s zoning code violated the First Amendment.

Now, a different judge has recommended dismissing Macgowan’s second attempt at suing the town.

“Mr. Macgowan once again alleges that Castle Rock violated his free speech and procedural due process rights, by denying his renewed request,” wrote U.S. Magistrate Judge Kathleen M. Tafoya on Jan. 31. She reasoned that the claims were identical to Macgowan’s previous lawsuit and could not be relitigated. 

Tafoya’s recommendation goes to U.S. District Court Judge Raymond P. Moore, who will decide whether to adopt or reject it. The case is Macgowan v. Town of Castle Rock et al.