The city of Aurora filed a Petition for Rehearing with the Colorado Supreme Court on Monday, seeking clarity on a court decision in Aurora v. Simons.

The court determined that municipal criminal penalties cannot exceed state sentencing caps for similar offenses under state law, according to a city news release Tuesday.

City officials said Tuesday that they do not contest the ruling, but “remain concerned about the potential breadth of the decision beyond the facts of the case itself.”

The court’s analysis could have “broad implications” on other areas of law not specific to municipal criminal penalties and local governments’ rights to make decisions on matters of local concern, the release said.

In the Petition for Rehearing, city officials ask the court to provide clarity on “how far its legal precedence extends.”

“To be clear – Aurora is not asking the court to change its ultimate holding in the case,” Schulte said in the release. “The city is committed to following the holding and will not sentence any individuals beyond what is allowed under state law for comparable state offenses. Aurora is only asking the court to consider providing more clarity and guidance to cities on its effect on other areas of Colorado law.”

When the court decision was made in December, Aurora Police Chief Todd Chamberlain said he worried about its potential impact on the city’s crime rate.

Meanwhile, progressive councilmembers see an opening to reverse decisions made by previous city councils.

“When accountability is weakened, the same crimes that harm our neighborhoods tend to repeat themselves,” Chamberlain told The Denver Gazette in December. “Aurora is tough on crime because we refuse to accept victimization as inevitable.”

In Aurora, the “tough on crime” approach has resulted in a 26% reduction in crime, Chamberlain said.

“Our expectation is that penalties across the state remain consistent with the seriousness of the crimes being committed,” he said. “Accountability matters.”

In the Dec. 22 opinion, Chief Justice Monica M. Márquez noted localities are free to go after defendants in municipal court for crimes that could also be prosecuted in state court but they cannot create penalties that conflict with Colorado law.

“In so doing, the municipal penalty materially impedes the state’s interest in ensuring that maximum penalties for such conduct are consistent and uniform across Colorado,” she wrote. “Thus, the municipal provisions create an operational conflict with state law.”

Over the last several years, Aurora’s conservative-majority City Council approved several ordinances that seek to crack down on crime in the city.

The city’s lawmakers adopted a “tough on crime” mentality, enacting mandatory minimum jail sentences and harsher penalties.

In March 2024, the Aurora City Council finalized two ordinances making the penalties for retail theft convictions higher.

The ordinances added to an original ordinance passed in 2023, which set a three-day mandatory minimum jail sentence for retail theft of $300 or more. In March, the council lowered the threshold that qualifies someone for the mandatory sentence from $300 to $100 in stolen goods and added provisions for increased jail time of 90 days minimum for repeat offenders.

In cases where defendants have been convicted of retail theft at least twice, they face a mandatory minimum sentence of 180 days.

Colorado state law penalizes retail theft under $300 as a petty offense, resulting in up to 10 days in jail and up to $300 in fines.

In Aurora, this would mean a theft incident of less than $300 would still result in the same three-day mandatory minimum jail sentence because state law allows up to 10 days.

New Aurora City Councilmember Gianina Horton said in December that the ruling will allow the council to reevaluate the harsher penalties for crimes enacted by the previous City Council.

“As advocates have stated, mandatory minimums do not promote fairness and just rulings, particularly on crimes that are exacerbated by poverty,” Horton said. “As the new City Council member for Ward 1, I am looking forward to supporting the elimination of this harmful policy that the previous City Council passed.” 

The ACLU of Colorado commended the ruling in a social media post last month, calling it “the correct and fair decision.”

“Sentencing disparities harmed people living in extreme poverty, people with disabilities, and other vulnerable groups,” the group said in a Facebook post.

Mayor Mike Coffman told The Denver Gazette last month that he is “disappointed” in the ruling.

“I feel that our sentencing guidelines have been helpful in deterring crime,” Coffman said. “However, staff is analyzing the actual sentences that have been handed down by our municipal courts to see to what extent, if any, we have gone beyond the state’s criminal code sentencing limits.”