The Lindsey-Flanigan Courthouse in Denver. Source: CGL Companies.

Over the past couple of years, we’ve reported on a case involving pamphleteering activities on the plaza that lies outside of the Lindsey-Flanigan Courthouse here in our home city of Denver, Colorado.  Things have gotten interesting again, as the Tenth Circuit last month reversed a decision of the federal district court finding the City and County of Denver in contempt following its decision to arrest an individual for distributing literature on the plaza.

We’ll first bring our readers back up to speed.  This case involved the question of whether a group could lawfully distribute literature about jury nullification on the plaza.  The Second Judicial District, a state court, prohibited demonstrations and literature distribution on the plaza.  The plaza area is owned by Denver, and the state court is a tenant on the property.  Denver Police arrested a member of the pamphleteering group, which resulted in a First Amendment claim against the city and the state court.  Denver stipulated that the plaza was a public forum, and further stipulated that it would not enforce the prohibitions on literature distribution, but the Second Judicial District disagreed with Denver’s position.  The federal court then entered a preliminary injunction against the Second Judicial District, and dismissed Denver from the case.  A prior Tenth Circuit order upheld the preliminary injunction.  On a motion for permanent injunction, the court agreed with the Second Judicial District and found that the plaza was not a traditional public forum.
Continue Reading In Another Chapter of Denver Courthouse Plaza Battle, Tenth Circuit Reverses Contempt Order

Last week, in a case we previously covered here, a federal district court in Colorado considered whether plaintiffs have standing to seek permanent injunctive relief when the defendant has stipulated that it has no intention of enforcing a restriction on expressive conduct.

In Verlo v. City and County of Denver, plaintiffs desired to distribute leaflets regarding jury nullification in the plaza outside of Denver’s Lindsey-Flanigan Courthouse.  However, the Colorado Second Judicial District, which operates in the courthouse, issued an order essentially prohibiting all expressive activities in the courthouse plaza.  The City and County of Denver, the entity responsible for enforcing the order, stipulated that it would not do so.  Furthermore, the city stipulated that it would not interfere with plaintiffs’ peaceful distribution of leaflets in the plaza.  Notwithstanding the stipulation, plaintiffs sued the city and the Colorado Second Judicial District, claiming that the order was an unconstitutional restriction on their First Amendment rights.  In an earlier decision, the federal district court granted plaintiffs’ motion for preliminary injunction, barring enforcement of the order.
Continue Reading Denver Courthouse Case Continued: Plaintiffs Lack Standing

The Lindsey-Flanigan Courthouse plaza should be open to expressive activity, at least according to the federal district court in Colorado. Source: Glass Magazine.

In a case close to home (for us, at least), a group of citizen pamphleteers sued the City and County of Denver and the Colorado Second Judicial District court, claiming that prohibitions on expressive activity in the plaza outside of Denver’s Lindsey-Flanigan Courthouse violated the First Amendment.
Continue Reading Federal Court Finds Plaintiffs Likely to Prevail in Denver Courthouse Free Speech Case