What started out as a spat between neighbors in a subdivision near Parker has turned into a federal court battle with dueling lawsuits and tense words on both sides.
A group of six neighbors on Tuesday filed a lawsuit in U.S. District Court in Denver against Colorado Secretary of State Gigi Dennis, calling for changes to a 2003 campaign-finance law they believe stifles free speech and violates the U.S. Constitution.
The group, all residents of Parker North subdivision, opposes a proposal to annex their homes in unincorporated Douglas County into nearby Parker.
Their lawsuit follows one in July in which other residents who favor the annexation said their anti-annexation neighbors violated requirements of Colorado’s campaign finance laws for political “issue committees.”
Under the 2003 law, approved by voters as part of a campaign-finance reform measure, any time two or more people spend or receive more than $200 to support or oppose a ballot issue or question, they become an issue committee. Such a group must register with the state, open a separate bank account to fund “campaign activities,” and report all donors, contributions and expenditures.
Becky and Wes Cornwell, who printed up no-annexation yard signs and sold about 75 of them to other neighbors for $5 apiece, led the charge in filing the latest lawsuit, contending the state rules are too burdensome and are being used to silence them.
“I should be able to put a sign in my yard without the threat of a private lawsuit on me,” Becky Cornwell said Tuesday. “In my opinion, they want us to shut up about the annexation, because it’s going to an election.”
No date has been scheduled for a vote on annexation, but officials expect such an election to cost $6,000 to $10,000 and to be held this fall, said Elise Penington, Parker’s community affairs manager.
If a majority of Parker North homeowners approve the annexation idea, it must also get approval from the Parker City Council, she said.
Lisa Doran, a Colorado secretary of state’s office spokeswoman, said her office had not yet seen the new lawsuit and she could not comment.
It was filed by the Institute for Justice, a national libertarian group that fights for constitutional rights, said Steve Simpson, the institute’s senior attorney. The group is working for the Parker North residents for free, although it asked for attorney fees in the lawsuit.
Invoking the issue-committee requirement is “a terrific way to trip up your political opponent,” Simpson said. “The point of this case is that it’s not benign to prevent people from speaking out.”
Ron Putnam, an annexation supporter and Parker North resident, declined to discuss either lawsuit. He said he supports annexation mainly so he and his neighbors can have more say in city decisions over open land near his house.
