Lobbyist files response to ethics complaint

Alan Gathright, Rocky Mountain News

Published April 21, 2007 at midnight

Text size

More Colorado Government

A lobbyist accused in an ethics complaint of orchestrating deceptive phones ads in order to torpedo a home buyers protection bill filed a 200-page response Friday.

William Mutch says his free-speech rights protect him from punishment.

"Mr. Mutch contends, that even assuming he engaged in 'deceit,' the (ethics) complaint infringes on his First Amendment rights and must be dismissed," Mutch's attorney, Jeffrey Springer said in a letter to the legislature Friday.

The letter was in response to complaints filed by two Democratic lawmakers targeted by the "robo-calls" to voters in their districts.

Mutch insisted the March campaign was "not deceitful or false," and initially denied any role in the robo-calls placed largely to seniors. The calls warned recipients that their lawmaker supported a bill that would boost their property taxes and expose them to huge lawsuits.

But a Rocky Mountain News examination of e-mails showed Mutch's involvement in the ad blitz.

In one, he asked, "Do you think the script is hard hitting enough - or do we need to add things like this bill could make it tougher to sell your home or increase your liability when you sell your home . . . ?"

Mutch, the director of Colorado Concern, has been placed on leave.

The lobbyist's response to the complaint will be reviewed Monday, said Rep. Claire Levy, D-Boulder, a member of the committee investigating the ethics complaint.

House Bill 1338 would prevent home buyers from being forced to sign builder warranties that strip away their legal rights to have home defects fixed.

gathrighta@RockyMountainNews.com or 303-954-5486

Subscribe to the Rocky Mountain News