Mahaney v. City of Englewood; City of Englewood v. Allard

  • Filed: August 2, 2007
  • Status: Victory!
  • Court: Colorado Court of Appeals
  • Latest Update: Oct 01, 2009
In the Courts, ACLU of Colorado logo on a blue background with a woman holding the scales of justice.

Mike Mahaney owns Headed West, which sells pipes and smoking accessories in Englewood, Colorado. After Mr. Mahaney painted two murals on the side of his business, the City of Englewood charged a store employee, Michael Allard, with violating the Englewood Sign Code. In addition to defending Mr. Allard, ACLU attorneys filed suit in state district court seeking a declaration that the Sign Code violates the right of free expression, both on its face and as applied to the Headed West murals. The trial court ruled for Englewood, but the Colorado Court of Appeals reversed and agreed with ACLU that the Englewood sign code violated the First Amendment. Mahaney v. City of Englewood, 226 P.3d 1214 ( Colo. Ct. App. 2009).


Media:

"Englewood set to accept business murals as art, not regulated signs," The Denver Post, May 13, 2012

"Englewood won't appeal ruling allowing "Alice" mural" The Denver Post, December 31, 2009

"Drawing a line on free speech," The Denver Post Editorial, October 4, 2009

"Court case saves Headed West hookah mural," Westword, October 2, 2009

"Appeals court snuffs ruling to erase Englewood mural," The Denver Post, October 1, 2009

Case Number:
2007-CV-1373; 001955M; 08CA1505
Attorney(s):
Mark Silverstein
Pro Bono Firm:
Thomas MacDonald, James T. Johnson, and Bill Kyriagis of Otten, Johnson, Robinson, Neff & Ragonetti, PC

ACLU ATTORNEYS FILE SUIT IN DEFENSE OF ENGLEWOOD SHOP OWNER'S MURAL

Citing constitutional protections of expression, the ACLU of Colorado announced today that its attorneys will to go court to defend Mike Mahaney, an Englewood shop owner whose mural depicting an Alice in Wonderland scene has prompted controversy and citations for allegedly violating the City’s sign code.

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News & Commentary
Jul 16, 2007
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ACLU ATTORNEYS FILE SUIT IN DEFENSE OF ENGLEWOOD SHOP OWNER'S MURAL

Citing constitutional protections of expression, the ACLU of Colorado announced today that its attorneys will to go court to defend Mike Mahaney, an Englewood shop owner whose mural depicting an Alice in Wonderland scene has prompted controversy and citations for allegedly violating the City’s sign code.