A federal judge ruled on Friday that the former chief of the Florissant Fire Protection District could not prevail on the claim that his 2023 firing was retaliation for his First Amendment-protected activity.

Erik Holt alleged the Teller County district’s directors terminated him because he cooperated with an investigation into potential election fraud during the May 2023 election. Holt turned over the fire station’s surveillance footage from the day of the election and answered questions from the district attorney’s investigator. Five weeks later, the newly elected board voted to fire him.

The district, moving to end the lawsuit in its favor, presented evidence showing board members did not know about Holt’s cooperation with the investigator at the time they voted to terminate him. Instead, the district argued Holt’s firing was a result of Holt failing to properly inform the board about renewing the district’s insurance — causing the policy to lapse and operations to briefly shut down in June 2023.

“Plaintiff’s termination had nothing to do with his speech. Rather, it was for his role in allowing the FFPD’s insurance coverage to lapse,” wrote Sara L. Cook, the attorney for the district.

In a March 28 order, U.S. District Court Judge Nina Y. Wang did not reach the question of what motivated the district’s board to fire Holt. Instead, she noted the longstanding restrictions courts have recognized on public employees’ free speech rights. To state a viable claim of First Amendment retaliation, the employee has to show, among other things, they were not speaking pursuant to their official duties.

Wang concluded that factor alone doomed Holt’s First Amendment claim. While Holt maintained the district attorney’s inquiry was the “only one of its kind” he ever participated in, Wang observed the provision of surveillance footage and Holt’s conversation with the investigator fell within his fire chief duties.

“It is instructive that one of the job responsibilities of the Fire Chief of the FFPD (is) to lead, manage, and administer all Fire Department operations,” she wrote. “It is in that capacity that he managed, and acted as the custodian of, the closed-circuit security system that yielded the video sought by the Teller County District Attorney’s investigator, and answered factual questions.”

Lawyers for both parties did not immediately respond to a request for comment.

The case is Holt v. Florissant Fire Protection District.