SPEAKOUT: Opposition to annexation riles neighbors

By Becky Clark Cornwell

Sunday, April 13, 2008

I never imagined that in America, I could be sued for speaking about politics.

My ordeal began in early 2006 when my husband, Wes, and I heard about a petition being circulated seeking to annex our unincorporated neighborhood of about 300 homes, Parker North, into the town of Parker.

We researched the issue and decided that the extra layer of government wouldn't provide better services, while our sales tax would skyrocket. We'd be paying more for less.

We own a print shop, so Wes used some scraps and made a couple of yard signs. One said "No Annexation" and the other said "Annexation Is A Permanent Tax Increase."

We planted our opinions in our front yard.

Soon people asked for their own signs. All over, neighbors were talking, writing letters and concluding that annexation was a very bad idea.

Up to this point, our story appeared an ideal example of local democracy in action. But we soon learned that the ideal is far from reality. These days, to speak out about politics in America, you need more than an opinion - you need a lawyer.

Out of nowhere, I was walloped with a lawsuit by the two neighbors who had started the pro-annexation petition. Our print shop, my husband and four others were also sued for violating Colorado campaign finance laws.

Those in favor of annexation alleged we were an "issue committee" because we had banded together and spent more than $200 opposing annexation. Therefore, our yard signs and other advocacy were illegal unless we registered with the state.

Even though we doubted that we fit the legal definition of an issue committee - after all, there was no election scheduled, so how could there be an "issue" on the ballot - we decided to be safe and registered with the secretary of state.

I assumed responsibility for the committee paperwork and had to jump through a glut of bureaucratic hoops. They ranged from the ridiculous (opening a bank account that only had $5), to the agonizing (spending umpteen hours compiling reports knowing that I'm on the hook for sanctions and penalties if I do it wrong).

The likelihood of doing it wrong is a huge concern. The secretary of state's Web site is confusing and difficult to navigate, and even the people I called at their office were often confused. All this paperwork and anguish to report that a dozen or so people donated the staggering sum of $1,421 over seven months.

Those who sued us said they only wanted us to "play by the rules," so we thought they'd drop the suit once we registered. Wrong.

That's the moment I realized we weren't sued to ensure campaign finance laws are properly enforced. Instead, our political opponents used those laws to scare us and shut us up.

The suit only made me more vocal, but we have many neighbors who will probably not voice an opinion after witnessing our ordeal. And, honestly, unless these laws are changed, I'll think twice about exercising my right of free speech again, too.

That's why those of us who were unwillingly dragged into this mess joined with the Institute for Justice to challenge Colorado's senseless, overreaching campaign finance laws. On Tuesday, a federal judge in Denver will hear our case.

We don't fight only for ourselves. If the First Amendment means anything, certainly it means no one should be hauled into court and put through endless red tape simply for speaking out about something they care about.

Becky Clark Cornwell is a resident of Parker North.