A federal judge dismissed claims brought by the Douglas County Board of Commissioners alleging that a state law granting county employees the right to organize and join labor unions violates free speech protections and conflicts with federal labor law.

Douglas County officials have consistently challenged the provisions and authority of Colorado’s Collective Bargaining by County Employees Act, or COBCA, filing multiple lawsuits in state and federal court seeking to overturn the law’s application and reverse a state labor ruling against the Douglas County Sheriff’s Office.

A judge dismissed the case on Aug. 20, finding that the county lacked legal standing to sue. The court did not rule on the merits of the challenge to the state law.

In the federal lawsuit filed in October 2025 against Gov. Jared Polis and Colorado Department of Labor and Employment Director Joe Barela, Douglas County commissioners sought a declaration resolving what they described as legal uncertainties surrounding COBCA and an injunction preventing future enforcement of the law.

Among other provisions, COBCA “prohibits counties from expressing views that deter or discourage unionizing and governs aspects of how a county must interact and bargain with unionized employees,” according to court documents. 

County officials argued that this prohibition conflicts with federal labor law that promotes “open and robust dialogue between employers and employees on labor relations issues” and that COBCA violates state and federal free-speech protections.

Rather than address the merits of those claims, the state moved to dismiss the case for lack of standing.

To establish standing in federal court, plaintiffs must show they have suffered or are likely to suffer an injury due to the defendant’s conduct, and it can be corrected by the court.

The court found that the county alleged only a “speculative future harm,” rather than a “credible threat of future harm.” The court concluded that merely asserting a potential conflict between federal and state law is insufficient to establish standing.

“An injury in fact does not automatically occur by the mere presence on the statute books of an unconstitutional statute,” Judge Philip Brimmer wrote in the decision.

The ruling neither upheld nor struck down COBCA. Instead, the court determined that Douglas County failed to demonstrate an injury or a sufficient threat of future injury to challenge the law in federal court.

In response to the defendants’ motion to dismiss, county officials argued that they had already suffered harm through a prior COBCA violation finding, that the law creates a chilling effect on free speech, and that complying with federal law could cause them to “risk being charged with violating conflicting and preempted state law.”

Judge Brimmer found the county had not provided sufficient support for those claims.

The court acknowledged the prior violation but concluded that “past exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief.” The judge further found that the county failed to allege any intent to engage in conduct that would violate COBCA, arguing only that it might suffer injury if it were to do so.

The judge also found that the plaintiffs provided no affidavits or testimony showing they wished to engage in protected speech but refrained from doing so because of fears of enforcement.

The decision marks another setback in Douglas County’s efforts to challenge COBCA.

Douglas County filed a similar lawsuit against Polis in state court. That case was dismissed for lack of subject-matter jurisdiction, and the county is awaiting a decision on its appeal.

The county is also awaiting a decision in its attempt to overturn a state ruling against Sheriff Darren Weekly, which found that county officials unlawfully interfered with a 2024 unionization effort by sheriff’s deputies.

The county has also filed multiple lawsuits alleging that COBCA does not apply to sheriff’s deputies and that the law is unconstitutional and void.