The District Court for La Plata County has ruled that a proposed ordinance concerning face coverings and identification requirements for law enforcement officers in Durango, Colorado, will not be placed on the upcoming municipal ballot. The court determined that the measure is administrative in nature, rather than legislative, which under Colorado law, disqualifies it from being decided by voters through the municipal initiative process.
Background of the Proposal
The initiative, submitted by the No Secret Police in Durango Committee, aimed to regulate the identification and face-covering practices of law enforcement officers within the city limits. After the committee gathered enough signatures, the Durango City Council was required by the City Charter to either adopt the ordinance or refer it to a special election. While the Council did not adopt the ordinance, they directed staff to prepare for the election and sought a court’s judgment on the ordinance’s eligibility.
Court’s Decision
The court’s decision, issued on May 14, stated that the proposed ordinance would regulate detailed operational aspects of police work, such as uniform standards and identification displays. These are considered administrative matters, which are the responsibility of police administrators and city officials, not the electorate. The court emphasized that legislative matters, which declare broad public policy, are the only ones eligible for voter initiatives.
Constitutional Considerations
While the local court focused on the administrative versus legislative nature of the proposal, it noted that a Federal Appeals Court had ruled similar measures unenforceable under the Supremacy Clause of the U.S. Constitution. However, this constitutional issue was not addressed in the local court’s decision.
Next Steps for the City and Residents
Following the court’s ruling, the City of Durango has informed La Plata County of the decision and is working to remove the question from the ballot to avoid unnecessary costs and confusion. Residents who supported the initiative are encouraged to continue advocating for policy changes through City Council, participate in public meetings, and engage with police leadership on transparency issues.
City’s Stance on the Initiative Process
The City of Durango supports the initiative process as a vital means for residents to engage with local government. The legal review process ensures that any initiative meets legal standards before being presented to voters, protecting both the integrity of the process and the voters themselves.
Original reporting: Durango Co city news — read the source article.
