Jensen et al v. Town of Fraser

  • Filed: July 25, 2019
  • Status: Victory!
  • Court: U.S. District Court for the District of Colorado
  • Latest Update: Jul 25, 2019
In the Courts, ACLU of Colorado logo on a blue background with a woman holding the scales of justice.

In this First Amendment lawsuit, ACLU lawyers sued the Town of Fraser for prohibiting ACLU clients from posting communicative displays on their property that express their views on social and political issues.


After the 2016 election, Fraser residents Melinda McWilliams and Alan Jensen began posting two-sided displays in Jensen’s front yard that expressed their displeasure with President Donald Trump as well as the need for action about global warming. The display soon included eight double-sided signs, which stood for a year without incident. In September 2018, the Fraser Town Manager notified the ACLU’s clients that the signs violated the Town of Fraser’s sign code. In the face of threatened prosecution, McWilliams and Jensen took down their display and contacted the ACLU.

In response to the ACLU’s motion for an emergency injunction against enforcement of the sign code, the Town of Fraser agreed to halt enforcement while the Town worked on revising its ordinance. The ACLU’s clients rebuilt their communicative display. As revised a few months later, the Town’s sign code no longer interferes with residents’ right to post displays on their own property that express their views.


Media:

Case Number:
1:19-cv-02131
Attorney(s):
Sara Neel and Mark Silverstein
Pro Bono Firm:
Christopher M. Jackson and Alyssa L. Levy of Sherman & Howard LLC