Complaint Filed Against C4LF in District Court

16 October 2009

Press Release:   Today a complaint was filed with Michael Knight, Chief Investigator for the 18^th Judicial District in Arapahoe County against the political campaign group spearheaded by Susan Thornton, Amy Conklin, Flo Bullock, Karen Kaplan, Ray Koernig and Stew Meagher known as Citizens For Littleton’s Future or C4LF.  The committee was registered in the City of Littleton on March 20, 2007 as a committee to “encourage, support, elect civic minded citizens for Littleton City Council.”

The C4LF campaign committee is bound, like all campaign committees, by CRS 1-13-109 False or reckless statements relating to candidates or questions submitted to electors-penalties-definitions of the Uniform Election Code of 1992 that specifically declares it unlawful to “knowingly” (CRS 1-13-109 (1)(a) or “recklessly” (CRS 1-13-109 (2)(a)  publish or distribute false statements in campaign literature.  Each violation is punishable with imprisonment and/or monetary fines.

On or about September 23 those filing the complaint received an electronic copy of the Littleton Leek, a satirical look at Littleton written by members of C4LF.  The front page article, entitled Libertarian Opens Paraphernalia:  Ye Olde Hookah Shoppe states that “Mayor Doug Clark heralded the grand opening of Council candidate Travis Nicks’ new business in downtown Littleton.  Nicks, who took time off from campaigning to be on hand for the ribbon-cutting ceremony at his new hookah shop, and said that establishing Paraphernalia was the fulfillment of a life-long dream……….Following that failed attempt to legalize marijuana statewide, Nicks decided to take action by opening a shop in Littleton.  He will be offering a wide supply of pot and other supplies in a retail venue.”

Although not all of those filing can vote for Mr. Nicks we are all citizens in Littleton and the outcome of the election between Mr. Nicks and C4LF’s candidate, Phil Cernanec will impact our  city council.  The claim that Mr. Nicks opened a retail marijuana business in Littleton has no basis in fact whatsoever and if the Littleton Leek was not the publication of an active and registered political committee formed to “encourage, inform and elect civil-minded citizens for Littleton City Council” it would be funny and no complaint would have been filed.  However, the Citizens for Littleton’s Future is a political committee and has violated the provisions of C.R.S. 1-13-109 as stated in paragraphs (1)(a) and (2)(a) dealing with false or reckless statements relating to candidates or questions submitted to electors.

Both offenses, “knowingly” and “recklessly” publishing false statements relating to a candidate, are classified as misdemeanor criminal offenses.  The offense of “knowingly” publishing and circulating false campaign literature is a “class 1 misdemeanor and, upon the conviction thereof, shall be punished as provided in section 18-1.3-501 C.R.S.” (C.R.S. 1-13-109 (1)(b) with a minimum of 6 months imprisonment and/or a $500 fine and up to 18 months imprisonment and/or a $5,000 fine.  The second offense of “recklessly” publishing or circulating false campaign literature is a “class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501” (C.R.S. 1-13-109(2)(b) with a minimum 3 months imprisonment and/or a $250 fine and a maximum of 12 months imprisonment and/or a $1000 fine.

 

Complaint signed by:   Carol and Martin Brzeczek, David N. Mitchell, David W. Schwan, and Jim DuBose