Wanda James, a member of the University of Colorado Board of Regents and a congressional candidate, has filed a lawsuit against her fellow regents. The lawsuit, filed on Tuesday, challenges the board’s decision to censure her following her criticism of a university public health campaign. James, who is running in the Democratic primary against Rep. Diana DeGette, argues that the censure violates her First Amendment rights.
Background on the Censure
Last year, James was reprimanded by the board after she criticized a campaign by CU Anschutz titled “The Tea on THC.” The campaign included illustrations that James argued perpetuated anti-Black racial stereotypes by depicting Black or dark-skinned males with language suggesting negative effects of marijuana, such as laziness and poor school performance. The images were subsequently removed, but the board voted 7-1 to censure her, with James abstaining from the vote.
The censure restricts James from representing the board in any meetings and removes her from committee assignments and leadership positions, which she claims hinders her ability to perform her duties as a regent. The lawsuit, filed by the law firm Newman McNulty, alleges that these actions violate her rights to free speech and equal protection under the Fourteenth Amendment.
Allegations and Responses
James contends that the censure is an attempt to silence her for speaking out against what she views as a racially insensitive campaign. “Today is not just about me. It is about whether an elected official can speak honestly about racism inside a public institution without being punished for it,” James stated during a press conference.
However, some regents argue that James displayed a conflict of interest, as she attempted to defund a campaign that could negatively impact her cannabis business. Michele Ames, vice president for communications for the University of Colorado, stated that the censure was due to James violating her fiduciary duties, not for her criticism. Investigations into James’ actions included interviews with 15 witnesses and a review of emails, texts, and social media posts.
Legal and Political Implications
The lawsuit seeks to overturn the censure and sanctions, demand policy changes, and secure a public apology, along with economic and punitive damages. Andy McNulty, James’ attorney, emphasized that the sanctions represent an ongoing violation of her rights.
James’ case has garnered support from notable figures, including Governor Jared Polis and Attorney General Phil Weiser, as well as a coalition of Black Democrats. The outcome of this lawsuit could have significant implications for the balance between free speech and fiduciary responsibilities within public institutions.
Original reporting: Denverite — read the source article.
