equal protection
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Appeals court sides with Lakewood in Colorado Christian University’s zoning discrimination case
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Even though a recently enacted zoning ordinance only applies to housing operated by Colorado Christian University, the state’s second-highest court last month concluded the city of Lakewood did not unconstitutionally discriminate against the school by forcing it to stop leasing to students in a residential neighborhood next to campus. CCU sued the city over an…
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Colorado Supreme Court dismisses appeal after Rifle backs down, changes local theft penalties
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The Colorado Supreme Court dismissed an unusual appeal out of municipal court last week, after the city of Rifle backed down and changed its local penalties for theft under the threat of having its ordinance struck down for a constitutional violation. After the justices told the city to explain why it should be allowed to…
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10th Circuit finds no constitutional, antitrust violations by Calhan officials with RV ordinances
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Members of a prominent family who served in the town of Calhan’s government did not commit constitutional or antitrust violations by adopting a series of restrictions on recreational vehicle parks that did not apply to their family’s own facility, the federal appeals court based in Denver ruled this month. Although a trial judge previously suggested…
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Appeals court overturns organized crime conviction, finds no constitutional violation
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Colorado’s second-highest court on Thursday reversed a man’s organized crime conviction in Douglas County in the wake of the Supreme Court’s recent directive about how a criminal “enterprise” must be proven. At the same time, a three-judge panel for the Court of Appeals rejected Chauncey Price’s argument that his dual convictions for child pimping and…
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Federal judge refuses to dismiss claims against Colorado state troopers for alleged wrongful arrest
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A federal judge on Tuesday slammed the Colorado Attorney General’s Office’s attempt to minimize the behavior of two state troopers, who allegedly arrested a man without probable cause and ridiculed him because he was a Mexican citizen who did not speak English well. Trooper Jeremy Sugai and Corporal Joshua Curtis participated in the arrest of…
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Federal judge rejects Fort Collins man’s challenge to city, university trespassing rules
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A federal judge has dismissed the lawsuit of a homeless man in Fort Collins who alleged the city and university prohibitions on trespassing violate his constitutional rights. Robert-Lawrence Perry also challenged the constitutionality of Fort Collins’ ban on camping in public places. U.S. District Court Judge Raymond P. Moore rejected that claim in a March…
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Judge denies immunity to Denver officers in right-to-record suit
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A man has plausibly claimed Denver police officers arrested him without probable cause of a crime and instead in retaliation for exercising his First Amendment right to record them, a federal judge has ruled. U.S. District Court Chief Judge Philip A. Brimmer rejected the city’s motion to dismiss the lawsuit of Kevin Detreville, who was…
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Nicolais: A history of hate crimes
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Shocking video showing four black youths torturing a disabled, white captive spread across the internet and media outlets recently. Almost immediately, some politicians and members of the media began calling for hate crime charges. No policy conflicts me as much as hate crimes. The rationales for adopting hate crime legislation are powerful and moving. Yet,…