A group of Gunnison landlords continues to ignore the consent decree they entered into – and now a federal judge’s order – requiring them to cease discriminating against families with children in the condo complex they operate.

On July 14, a lawyer for the U.S. Department of Housing and Urban Development (HUD) reported that, to his knowledge, David Welch, John Welch and Ruth Welch had not taken steps to obey a two-month-old court directive to use family-inclusive language when advertising their rental property at 1412 W. Gunnison Ave.

“As recently as May 10, 2023, Respondents have placed print advertisements that do not contain the required language,” wrote Assistant U.S. Attorney Zeyen J. Wu.

In late 2019 and early 2020, the Welches signed a consent order in response to allegations that they were denying or discouraging families from renting at Westwood Cove Condominiums, which is a violation of the Fair Housing Act. The consent decree required them to pay $800 to the Denver Metro Fair Housing Center, include the language “families with children welcome to apply” when advertising the property, and provide records of rental inquiries and applications to HUD.

But, according to HUD, the Welches ignored the agreement almost entirely.

Last year, the 10th U.S. Circuit Court of Appeals ordered the Welches to fulfill their obligations and restarted the three-year compliance period for the consent decree.

Instead, the Welches sent a letter to HUD accusing the department of “blatant untruthes and accusations” and “harassment.” Last August, after the Welches did not appear in court, U.S. Magistrate Judge N. Reid Neureiter recommended they be fined $150 per day and, if that did not get their attention, potentially arrested.

In an unusual order directed at the Welches, U.S. District Court Judge Daniel D. Domenico confirmed in May that he was giving them a “last chance” to comply with the original consent decree, or he would impose “large fines, jail time, community service, or all three.”

“If you do not follow this Order, I will hold a court hearing where you will need to come in person and explain why you have not done what I ordered,” he wrote. “If you do not have a good explanation, or if you do not show up, I will hold you in contempt of court.”

Domenico ordered them, by June 12, to incorporate family-inclusive language into their advertising and provide a list of rental inquiries to HUD, as the consent decree requires.

“I understand that you say you do not discriminate against families with children. That is not the problem at this point,” he told the Welches. “You have been told multiple times to come to court and explain why you have not changed your advertising or otherwise done the things that you agreed to.”

One day after Domenico’s order, the Gunnison Country Shopper ran an advertisement for the Welches’ property. It did not state that families with children were welcome to apply.

Since then, Wu told Domenico he has called the Welches’ phone number multiple times to no avail. Colorado Politics called the same number and a woman answered, but she hung up instead of responding to questions about Domenico’s order.

Alan Wartes, the publisher and owner of the Gunnison Country Shopper, told Colorado Politics the most recent edition also included an advertisement that lacked the required family-inclusive language.

“What I’m comfortable telling you is we were not aware of this issue and now we are taking a hard look at our policy regarding situations like this,” he said.