Latest news with #ColoradoConstitution
Yahoo
20-05-2025
- Politics
- Yahoo
Front Range cities, claiming home rule violations, sue Colorado over housing policies
Colorado Gov. Jared Polis signed an executive order May 16 that pushes local governments to comply with certain state housing laws as a condition of receiving state grant funding, at the Colorado Capitol in Denver. (Lindsey Toomer/Colorado Newsline) Six cities in the Front Range filed a lawsuit against Colorado and Gov. Jared Polis claiming recently approved state housing laws violate the Colorado Constitution's home rule provisions. The 86-page lawsuit filed in Denver District Court Monday says Colorado courts have established that matters of land use and zoning are 'core matters of local concern,' and that home rule cities are 'not inferior' to the Colorado Legislature. Colorado has 105 municipalities with home rule power, meaning they can make laws on matters of local concern instead of being directed by the state. The General Assembly approved two laws in 2024 that are subject to the lawsuit: one that allows for denser housing close to transit stops and another that prohibits minimum parking requirements. The lawsuit also challenges an executive order Polis signed Friday to incentivize municipalities to comply with new state housing laws if they want to receive discretionary grant funding. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Housing availability and affordability has been a growing crisis in Colorado that state legislators have sought to address since 2023, when a major land use package failed on the last day of the legislative session. A 2023 housing executive order Polis signed said the state is short tens of thousands of housing units, and his latest order said the same concerns continue to escalate. Plaintiff cities include Greenwood Village, Arvada, Aurora, Glendale, Lafayette and Westminster. The lawsuit outlines each of the cities' zoning and land use approval processes and how they have increased their own efforts to build more affordable housing, and how abiding by the new state laws would disrupt their approval processes. The cities argue the new laws won't immediately lead to an increase in affordable housing and that a one-size-fits-all approach to zoning isn't appropriate for the cities in the Denver metro area. They also said the laws' requirements take away a citizen's right to be heard on land use issues as each new potential development is reviewed at the city level. The lawsuit says provisions of the Colorado Constitution mandate court declarations that the two new laws 'have neither force nor effect in the Cities,' and it asks for injunctive relief barring enforcement of the laws. In particular, it says House Bill 24-1313 — related to transit-oriented housing — 'departs from time-tested approaches to resolving local land-use decisions' in Colorado. 'In a move without precedent in Colorado's history of planning and zoning, the General Assembly mandated site-specific zoning changes in select urban Colorado communities, including the Cities, that the General Assembly dubbed 'transit-oriented communities,'' the lawsuit says. Defendants include the state, Polis, the Department of Local Affairs and DOLA Executive Director Maria De Cambra. Polis spokesperson Shelby Wieman said Polis is 'confident' a court will rule in favor of the state, and he is proud to have worked together with many local governments to work toward solving the state's housing shortage. 'It's disappointing to see certain local governments that have among the priciest homes in Colorado use taxpayer money on a lawsuit that could go toward lowering the cost of housing,' Wieman said in a statement. 'It's clear this lawsuit is about preventing more housing from being built that Coloradans can afford. Rather than standing in the way of more housing being built, Governor Polis and the General Assembly have passed common-sense laws that break down barriers to housing. The lawsuit seeks declarations that both laws violate certain articles of the Colorado Constitution, violate due process, and that Polis' executive order exceeds the governor's powers. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
29-04-2025
- Politics
- Yahoo
Complaint against Karman Line Ballot petition dismissed
(COLORADO SPRINGS) — The Colorado Secretary of State's Office said the complaint against petitioners who gathered signatures to place the Karman Line annexation on the ballot has been dismissed for lack of jurisdiction. According to the Colorado Secretary of State's Office, a complaint filed by Norris Ranch Joint Ventures alleged that the Committee for a Referendum on Ordinance 25-16 and its three members failed to register as an issue committee and did not report their contributions or all of their expenditures related to the paid petition circulators. The motion to dismiss said that Norris Ranch Joint Ventures alleged the City of Colorado Springs adopted campaign finance ordinances, but that they are much less stringent than state law. Norris Ranch Joint Ventures asked the Colorado Secretary of State's Office to take action, as 'Colorado Springs refuses to regulate this campaign finance activity, it falls to the Secretary of State to enforce Colorado's campaign finance laws.' However, the Colorado Secretary of State's Office said that because the complaint is in regard to a municipal campaign finance matter, the complaint falls outside of the Secretary of State's Office's jurisdiction. The Secretary of State's Office said the Colorado Constitution and the Fair Campaign Practices Act authorize home rule municipalities to regulate and control their municipal elections, as long as they have adopted similar regulations that address matters covered by Amendment XXVIII of the Colorado Constitution. The Secretary of State's Office said Colorado Springs has adopted its own municipal election regulations, and as such, its municipal elections are not subject to the FCPA and Amendment XXVIII. The Secretary of State's Office ruled it does not have jurisdiction over Colorado Springs municipal elections and, as such, has dismissed the complaint. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
07-04-2025
- Politics
- Yahoo
‘Colorado is for everyone': Polis signs bill repealing same-sex marriage ban
DENVER (KDVR) — Colorado Gov. Jared Polis signed the 'Protecting the Freedom to Marry Act' on Monday, repealing the state's same-sex marriage ban from Colorado law. The bill removes language that says marriage is only between a man and woman and aligns statute with the Colorado Constitution after voters in November decided to repeal that ban. The state House passed the bill in March after the Senate passed it in early February. Colorado bill would require climate change warnings on gas pumps 'Colorado is for everyone, no matter who you are or who you love,' Polis said in a press release. 'Last November, the voters got rid of outdated language in our constitution that banned same-sex marriage. This is a long overdue step in the right direction and today's law I'm signing ensures that Coloradans can marry who they love in our Colorado for all.' First Gentleman Marlon Reis, in the press release, said this bill defends the progress made for LGBTQ+ rights. 'I am personally grateful to Senator Danielson, Representatives Garcia and Titone, and the countless community leaders and advocates whose hard work has made today possible,' Reis said. 'This landmark legislation fulfills the hopes and dreams of so many across our LGBTQ+ and allied communities, and affirms that progress hard won is always worth defending, and in the end, love triumphs over all.' Colorado's previous same-sex marriage ban had been unenforceable since the U.S. Supreme Court's 2015 Obergefell v. Hodges decision. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
05-03-2025
- Health
- Yahoo
As Wyoming abortion services halt, travel to Colorado for access more likely
DENVER (KDVR) — As Wyoming lawmakers attempt to restrict and even ban abortion access, the state's lone full-service clinic suspended abortion services last week, meaning travel to Colorado for abortion access could be more likely. This comes after Colorado voters enshrined abortion rights in the state constitution last year and as several bills are moving through the state legislature that would enhance provider protections. Abortion bills heard in Colorado legislative committee Abortion access in Colorado's northern neighbor is currently still legal, though the Wyoming state supreme court is set to decide on a lawsuit challenging a ban that was passed and subsequently blocked. That has not stopped state lawmakers from passing more restrictive measures on abortions including one last week that effectively stopped abortions in the state. A new law signed by Wyoming Gov. Mark Gordon Thursday night adds 'additional safety requirements' that clinics providing surgical abortions to be licenses surgical centers. The state's only full-service abortion clinic, Wellspring Health Access in Casper, unable to meet that requirement and wary of implications suspended all abortion services on Friday. More Wyoming women are likely to travel to Colorado and other states where abortions are legal and accessible, The Associated Press reported, even as the governor vetoed a bill on Tuesday that would have put more regulations on abortions. Wyoming's governor vetoes ultrasound requirement for medication abortions Wellspring Health Access President Julie Burkhart, in a statement posted on Facebook, said the clinic is still taking calls from patients. She said the new law puts Wyoming residents at risk. 'We have become a beacon of hope in this state,' Burkhart said. 'Make no mistake—this law directly targets our clinic with the explicit goal of forcing us out of business. By doing so, it limits healthcare options, increases costs, and puts countless individuals at risk.' Wellspring is among those challenging the bans and the new licensing requirement in court, according to AP. Colorado has been a center for out-of-state travelers needing abortion access. In 2021, even before Roe v. Wade was overturned in 2022, the number of people seeking abortions in Colorado from other states increased. Colorado voters in November 2024 approved Amendment 79, which amended the Colorado Constitution and repealed a ban, which was approved in 1984, on state and local government funding for abortion services. This means the amendment would require Medicaid and private health insurers to cover the service. The amendment would also prohibit state and local governments from denying, impeding or discriminating against the right to an abortion. The Associated Press contributed to this report. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
27-02-2025
- Yahoo
Colorado SWAT Team Raids Wrong Apartment, Locks Innocent Family in Police Car
A Denver SWAT team burst into the wrong family's apartment, holding several women and children at gunpoint before locking them in a police car for hours. Despite multiple signs that the cops had raided the wrong apartment, they still searched it, forced out its terrified occupants, and—according to a lawsuit filed this week—attempted to cover up their misconduct. On June 6, 2023, a Denver SWAT team was set to arrest a man named Danny Garcia on "very serious alleged violent crimes," according to the lawsuit. In the documents listed in the complaint, the officers repeatedly documented that Garcia lived in unit 307 of his apartment building. However, despite this fact—and the apartment numbers prominently displayed by each apartment door—the officers rammed the door to apartment 306, shouting "that they knew Danny Garcia was in their apartment and to come out with their hands up," according to the complaint. Inside, the SWAT team found Sharon Shelton-Knight, her two adult daughters Kristy and Brittany, and Kristy's two young daughters. Body camera footage referenced in the suit shows the officers pointing their guns at the women, one of whom had just gotten out of the shower when police burst in. After forcing Sharon and Kristy out of the apartment with guns drawn, the officers entered the apartment, and found the two children hiding in their bedroom. "After refusing to bring the children's mother or grandmother to comfort and reassure them, and after stolidly refusing to even consider what they were repeatedly told about being in the wrong apartment, the officers swept the apartment to the room with the children in the back, with assault rifles out and brandished at the least in low ready positions," the suit states. "They found the children cowering in their bedroom, extremely frightened by this SWAT team who had just rammed their door very loudly while screaming. The children immediately began loud and prolonged screaming." After forcing Brittany and her two children out of the apartment, an officer locked the family in the back of an unmanned vehicle for several hours. Making matters worse, the suit claims that the officers soon attempted to cover up their mistake. In a report on the incident, one of the officers wrote that "due to the layout of the 3rd floor, occupants in #306 were contacted, advised of the situation, and evacuated for their safety." Another officer wrote that "an elderly female exited 306 and was advised of the situation. We then evacuated her and two adult females and two young children from their apartment due to the suspects apartment directly across the hallway." The family's suit claims that the officers' actions violated protections against unreasonable search and seizure and excessive force in the Colorado Constitution, arguing that the officers "unconstitutionally and intentionally assaulted Plaintiffs by threatening them with excessive force when they were suspected of no crimes, engaged in no resistance or attempt to flee, were not armed or suspected of being armed, and in fact were defenseless." While police would typically be protected by qualified immunity in cases like this, Colorado abolished qualified immunity for law enforcement who violate individuals' rights under state law in 2020. That means this lawsuit is much more likely to succeed—and the cops who terrorized this family are much more likely to be held accountable. The post Colorado SWAT Team Raids Wrong Apartment, Locks Innocent Family in Police Car appeared first on
