Aurora Surrenders in Coffman First Amendment Lawsuit

Following Court Injunction City Council Eliminates Provisions Aimed at Silencing Mayor  

Lakewood, CO - In a win for free speech rights, the Aurora City Council has amended its unconstitutional ordinance that restricted the political rights of local officials and candidates – a measure that drew a lawsuit from Mayor Mike Coffman.   

Coffman filed suit in March, asserting that the Aurora ordinance violated both the First Amendment and the Colorado Constitution by prohibiting many former and future candidates from pushing for ballot issues or helping other candidates with their campaigns.  The restrictions applied even when the former for future candidate’s name would not appear on the ballot in the next election.

In June, an Arapahoe County District Court judge granted a preliminary injunction, holding then that “the challenged parts of the Ordinance stifle protected speech as well [as] the related right of association.” 

“The City Council enacted an extreme ordinance that was clearly designed to stifle my fundamental right to publicly support candidates or ballot initiatives just like any other American,” Mayor Coffman said.  “This was a needless distraction from the critical issues facing Aurora that the Council and I must work together on.   I’m grateful that the court’s injunction clearly showed them how misguided their measure was.” 

Coffman, who generally supported reforming Aurora’s old campaign finance rules, argued numerous times during the debate over the ordinance that these particular provisions violated the First Amendment   but most of the Council brushed his concerns aside. Now, however, a court has agreed with Coffman.

Although the City argued these provisions were necessary to fight corruption or the appearance of impropriety, the court was skeptical and said the City’s arguments rested on “dubious premise[s].”

Coffman is represented in the lawsuit by the Public Trust Institute (PTI), a nonprofit public interest law firm that litigates to advance liberty and individual rights in Colorado.  

“The Aurora City Council could’ve saved everyone a lot of time and money by just listening to Mayor Coffman the first time around,” said Dan Burrows, PTI Legal Director.  “Instead, it took getting spanked by a judge before they rethought their decision to trample on basic First Amendment rights.  Nonetheless, we’re proud to have represented Mike as he stood up for free speech.” 

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