Judge lifts lobbyist gift ban

Ethics law ruling cites 'chilling effect' on speech

Lynn Bartels, Rocky Mountain News

Published June 1, 2007 at midnight

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A Denver District Court judge on Thursday blocked the gift-ban provisions of an ethics measure that voters approved last fall.

The ruling means lobbyists and others are free for now to give gifts - including meals and tickets to sporting events - to elected officials, government workers, contract employees and their families.

Gov. Bill Ritter said the state will appeal.

Amendment 41 banned gifts worth more than $50 to such folks. But the law had unintended consequences. For example, ranchers with part-time government jobs declined blizzard aid for fear of running afoul of the law.

The measure also prohibited lobbyists from giving anything, including a cup of coffee, to a lawmaker.

In a blistering decision, Judge Christina Habas ruled that the provisions had a "chilling effect" on free speech and association. She blasted the measure's wording, calling it "vague at best."

"There is little doubt that the reach of Amendment 41 went well beyond what was anticipated or intended," she wrote.

Habas also said that Senate Bill 210, which the legislature passed this year to implement the measure, "does not cure the problems associated with Amendment 41."

"We're thrilled," said Doug Friednash, the attorney who sued to overturn Amendment 41 on behalf of the First Amendment Council, which represents various groups and individuals.

Supporters of Amendment 41, including congressional candidate Jared Polis and the public- interest group Common Cause, decried the decision.

Jenny Flanagan, executive director of Colorado Common Cause, called upon the state's elected officials to continue to live under the restrictions imposed by Amendment 41.

Polis ripped the First Amendment Council and demanded that it release the names of the lobbyists funding it. "Ultimately, I think the courts and the legislature will find a balance between free speech concerns and a strong ethics law," he said.

Friednash in turn blasted Amendment 41 backers, saying they "misled" voters on the extent of ethics problems.

What's next

• Gov. Bill Ritter will appeal the decision, most likely by going directly to the Colorado Supreme Court, said his spokesman Evan Dreyer. "Amendment 41 was passed by a strong majority of Colorado voters and it's our responsibility to seek additional judicial review," he said.

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