ACLU Files Suit to Place Teller
County Citizens’ Initiative on November Ballot

FOR IMMEDIATE RELEASE
September 8, 1998

The American Civil Liberties Union of Colorado (ACLU) filed suit today on behalf of a Teller County citizens’ group and an anti-growth activist to force the Teller County Board of Commissioners to place a "growth-limit" initiative on the county ballot for the November election.

The Committee For Growth Limits and Teller County resident Daniel Dellinger collected the requisite number of signatures and complied with all the procedural requirements for placing the citizen-initiated measure on the ballot, according to the lawsuit. At an August 27 meeting, however, the Board rejected the proposed initiative and refused to place it on the ballot.

If enacted into law, the proposed initiative would establish a one per cent limit on the annual increase in new residential dwellings in unincorporated areas of Teller County. The County Recorder determined that the Committee had collected 795 valid signatures on its petition, well above the required number.

The Board acted on advice of its attorney, Chris Brandt, who said that Colorado statutes do not grant counties the power to pass such legislation through the initiative process. The ACLU, however, says that Teller County voters do indeed have the power of initiative.

"The Colorado Constitution expressly reserves the right of initiative and referendum to the people," said Greg Walta, of Colorado Springs, who is serving as an ACLU volunteer cooperating attorney. "This right applies equally to statewide, county, and municipal elections. Our clients have followed all the necessary procedures and have collected signatures from hundreds of registered voters in Teller County. The Constitution grants them, as well as the electorate, the right to have this measure submitted to a vote of the people."

"Our clients have earned the right to submit this measure to the electorate," said Ed Ramey, a Denver attorney who is also participating in the case as an ACLU volunteer attorney. "At this point, the Board of Commissioners has no right to inquire whether the proposed initiative would be good policy, unwise, or even unconstitutional if adopted. That decision in the first instance is for the people. If the measure is voted down, that is the end of it. If it is adopted, then the opponents can challenge it in court."

"The right to petition the government for redress of grievances and the right to participate fully in the electoral process are fundamental to our democracy," said Mark Silverstein, ACLU legal director. "The Colorado Constitution recognizes this principle by guaranteeing the right of initiative and referendum. Although the ACLU takes no position on the merits of the proposed limitation on growth, it firmly believes that the Teller County Board of Commissioners cannot arbitrarily deny our clients’ right to submit their proposal to a vote of the people."

After the Board refused to place the initiative on the ballot, Dellinger attempted to seek judicial review on his own by filing a letter with the district court in Teller County. The court denied Dellinger’s request for an injunction on procedural grounds, and Dellinger then sought the assistance of the ACLU.

The case will be heard by Judge Michael Heydt of the El Paso County Combined Courts.

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