Posts tagged civil rights
The city of Boulder vs Seth Brigham restraining order hearing scheduled for Tuesday May 15 has now been moved to mid June. The city psychologist is in therapy until then and cannot be available. The city has submitted depositions from council members including Macon Cowles. Cowles has made reference to an AK 47 and it was not clear if cowles intended to shoot Brigham with an assault weapon.
The city has also gone through of 25 years of Brighams writings and excerpted quotes from Brighams poetry, articles and fiction. Legal experts tell Boulder Channel 1 news that the city would spend $25,000 to $50,000 just collecting depositions. They could spend an additional $50,000 preparing form the Hearing. They city will spend $100,000 before it evens gets to court.
Brigham’s attorney David Lane will virgorously defend Seth. They have decided to move ahead with a law suit against the city. This will cost Boulder an additional $100,000 to defend. Their likelihood of winning according to constitutional expert is zero and the city could stand to lose 1,000,000 to 5,000, 000 million dollars in this kind of suit.
Since the city is financially broke this money will have to come out the city 25,000,000 emergency fund.
Both the restraining order hearing and law suit by Brigham has opened the door for other first amendment suits against the city and could produce a spate of them.
The city has a history of human rights violations with Brigham and other free speech advocates: namely the Public access TV producers group where Brigham got his start of challenging the city .
Seth Brigham has been a columnist for Boulder Channel 1 and has participated in other investigations of the city including a 2006 congressional inquiry conducted by the US congress.
Brigham said late Monday May 14th that he was not going to back off. He said he would abide by the temporary restraining order, but that it was the city and not him who was in trouble.
Meanwhile , a ground swell of support seems to be rising. Former city of boulder Human Rights chair rob Smoke plans a protest tomorrow night at city council. Boulder weekly has a cover story coming out on this situation on Thursday. Westword has been writing about it daily. the Daily Camera seems to have sided with Brigham too.
Boulder channel 1 News has covered Brigham’s travails since 2005.
Someone needs to ask Boulder fire chief — county sheriff — city manager …
….DOES the possibility of increased wilderness usage by homeless people –
people who may have been affected or influenced by Boulder’s new rules
banning people from parks at night — indicate a higher risk of fire?
In fact, there’s no other conclusion that can be reached.
It should be pointed out that stating an increased risk is not bashing the homeless.
If someone is outdoors and physically exposed, and there are limited options,
a fire is something very useful, even if it is in violation of an ordinance.
Also, the circumstances that can lead to a campfire turning into a wildfire
can be as simple as leaving the fire unattended when it appears to be out –
and it’s a phenomena that need occur only in an extremely small fraction of all
instances of people using an outdoor fire to create a disaster, which is not to call homeless people
as a group “firebugs.”
If I’m not mistaken, the Fourmile and/or Dome fires were considered likely to have
been caused by outdoor campfires, according to sheriff Pelle.
The city of Boulder, and soon to be city of Denver, it appears, are enacting
ordinances which essentially ask homeless people to disappear.
One has to consider the availability of “disappearable” locations –
our wilderness areas comprise, geographically, the largest subset of
disappearable locations. It should also be noted, the new rules and
regulations — and the anti-camping ordinances — are essentially a violation
of civil rights, putting people in harm’s way without recourse.
Whilst officials tell their constituents they are “cleaning up” the homeless problem;
facts are, a wildfire caused by a homeless person who might have otherwise
stayed in a city park, without a fire, but closer to basic services –
would be a horrible boomerang effect — not a small price to pay for
relying on law enforcement to solve a social crisis.
People need to open their eyes — not because the homeless
somehow threaten to burn down Colorado, but because
the risk of fire is substantial enough that the only prudent thing
to do under these circumstances is everything in our power
to lessen risk. It would be one thing if every homeless
person represented a lost tree. The mathematics of the risk, in this case,
indicate that it could be one non-malicious homeless person out of thousands causing
the loss of a forest or homes or lives. That increased risk, in light of the new
laws, is a serious issue. The risk situation is analogous
to nuclear power safety. It’s perfectly safe, except when it isn’t.
Put another way, although many thousands of matches
may be lit that do not lead to a forest fire, it still takes only one lit match.
Another aspect, of equal concern I’m certain,
is that putting people into the wilderness — which is simply an obvious possible
result of the anti-homeless ordinances — exposes them to a spectrum of dangers.
People die out in the wilderness all the time for lack of food, water, warmth
or emergency medical services.
The immediate solution is to suspend enactment of ordinances
banning people from public places. If Boulder or Denver residents find the presence of homeless
people inconvenient or unpleasant, then solutions that don’t involve making them “disappear”
must be sought.
Rob Smoke is a political columnist for Boulder Channel 1 often writing about city politics. Rob is a critic and one man watch dog of the council and has been for over 20 years. He has been a writer and journalist for many local papers. Tuesdays nights he can be found at Boulder city council meetings.
September 21, 2010
BOULDER, Colo. (AP) — The lawyer for a Colorado man who was arrested for addressing the Boulder City Council in his boxer shorts said the city has agreed to pay $10,000 to settle his civil rights claim.
Attorney David Lane said Seth Brigham accepted the deal Tuesday. In exchange for the payment, Brigham agreed not to file a lawsuit.
Brigham was handcuffed and arrested in February on suspicion of obstructing police and trespassing after he spoke to the council clad in his underwear. Brigham said he was trying to make a point about a proposal to criminalize nudity.
The charges were later dropped.
Denver Public Access TV Thrives while Boulders’ in the “Dark” ages. Crying shame. Council to blame.
Next event: Friday, September 3rd
Live studio performance from 8-9pm
Celebrating their 6th year in Denver, this month, the crew fromKGNU will be taking over the studio to produce a show using their staff, board members and volunteers. This month’s event features a musical performance by Spellbinder. For more information, visit the KGNU site. This event is free and open to the public. Hope to see you there!
Attendees will also have the ability to pick their purpose on the spot. You’ll learn about and have the opportunity to get involved with a variety of local philanthropic activities through a community organization or one of GoodSpark’s programs.
“An Evening Discussion of First Amendment Rights”
Wednesday, September 15th from 5:30-7:30 pm
5:30pm – Meet & greet with wine and light refreshments
5:45-6:30pm – Tour of the Open Media Foundation
6:30 pm – Presentation by David Lane, followed by Q & A
Event to be held at the Open Media Foundation, located at 700 Kalamath Street, Denver, CO.
Mr. Lane is one of Colorado’s best-known civil rights attorneys. His practice is limited to criminal defense and civil rights litigation and he has represented numerous individuals in First Amendment freedom of speech cases, both in the workplace and in many other contexts.
For questions and/or additional information, contact Caryn Osterman at 303-777-54
This month the Open Media Foundation welcomed Brad Taylor to the team as Director of Development. With an extensive background in development and fundraising, the Open Media Foundation is excited about this new addition to the OMF family. Brad Taylor can be reached firstname.lastname@example.org.
About Brad: As the Foundation’s Director of Development, Brad is working to increase OMF’s contributed income through expansion of the organization’s individual, corporate and foundation donor base. After graduating with a degree in journalism from Lynchburg College and successfully completing a “blow-off year” in Europe, Brad launched a development and fundraising firm which today employs over fifty associates in Chicago and Milwaukee. Since leaving his firm in 2006, Brad has worked for several non-profit organizations as Director of Marketing and Development and as an Executive Director. Brad recently relocated to Denver from Chicago and his free time is consumed by two rescued, rambunctious Welsh Terriers.
Monthly Update by Tony Shawcross
Next year, the City of Denver will sign a new Franchise Agreement with Comcast. While the new contract is not likely to make front page news, it will determine the future of Public Access TV in Denver.
The Franchise Agreement gives Comcast the permission to build and operate a cable network over utility poles and/or under public streets, paid for by taxpayers. In exchange for use of these “public rights-of-way”, cable operators provide compensation to the community. Over the next six months, we will need a wide showing of support from Denver residents to help City Council justify increased support for Public Access TV in the new franchise.
OMF’s goals for the franchise include:
1. The Establishment of a Permanent Public Access Facility
2. Expanded I-Net to Enable Increased Access to PEG Channels
3. Upgrade of PEG channels to High Definition
4. Keeping PEG channels on the Basic Tier
5. Increased Capital/PEG fees
6. Broaden the Definition of “Capital Expenses”
When: Tuesday, November 9th from 7:30-8:30am
Where: Infinity Park Event Center
To see how you can help us accomplish these goals and ensure a bright and stable future for Public Access in Denver, read the draft of OMF’s
“Goals for 2012 Franchise Negotiation” and help us lobby City Council to support OMF’s position.
We are always looking for food donations to help keep our youth fed and alert during trainings/productions, please let us know if you have suggestions or information about youth group sponsorships
Educate!’s 2nd Annual Hike for Uganda Saturday, August 28th- 8:30 a.m.-1:30 p.m. Top of Flagstaff, Boulder, Colo.0
WHAT: Educate!, a Uganda and Boulder-based organization, hosts its 2nd Annual Hike for Uganda to raise awareness and funding for Educate! Scholars in Africa. The money raised will go directly to empower Educate!’s 830 students in Uganda as they transform their communities by addressing poverty, disease, and environmental degradation.
WHO: Educate! friends will hike up Green Mountain in Boulder, Colorado while Educate! students will hike up a mountain in Kampala, Uganda—uniting forces for the same cause. Come early to enjoy coffee sponsored by Vic’s Espresso and food from Gib’s Bagels. There will also be face painting, an Educate! store with handmade jewelry and artwork from Uganda, and live music by Lost Angel Station. Enter our drawing for a chance to win great PrAna and Patagonia outdoor gear. Dogs are welcome but must be leashed at all times. We will provide dog treats from PETCO and P.C.’s Pantry and plastic bags.
WHERE: Green Mountain Trail at the Top of Flagstaff. (MAP) The family-friendly hike offers a two-mile or four-mile option.
WHEN: Saturday, August 28, 2010. Registration, breakfast, kids’ activities, live music and more will go from 8:30-9:00 a.m. Hike begins at 9:30 a.m.
8:30-9:15 a.m. Kids’ activities; live music by Lost Angel Station; prize drawing
9:15-9:30 a.m. Educate! Kick-off with speech from founder, Eric Glustrom
9:30 a.m.-1:30 p.m. Hiking
VISUALS: Families enjoying a Saturday in the outdoors as they hike up Boulder’s Green Mountain for a good cause; Lost Angel Station playing live music; face painting; colorful handmade jewelry and artwork from Uganda. (High-resolution images and video interviews with Uganda students in the Educate! program available upon request.)
INTERVIEWS: Eric Glustrom, founder of Educate! and Boulder native; band members from Lost Angel Station; Maya Ellman, Educate! Director of Communications.
Maya Ellman, cell: 720-237-9535 / Courtney Holden, cell: 970-819-8827 / Autumn Metcalfe, cell: 303-250-1215
Educate! Mission: To educate and empower the next generation of socially responsible leaders in Africa. For more information on Educate! and the 2nd Annual Hike for Uganda visit: .
Educate!, founded in 2002, empowers students across Uganda to drive the social, political and economic development of their communities. We teach a two-year curriculum on how to lead social change, provide long term mentoring, and create a life-long, national network that equips students with the skills and confidence necessary to transform their communities. Educate! students create locally-grown, market based initiatives that solve the challenges of poverty, disease, and environmental degradation. Today, Educate! is empowering 830 young leaders at 24 high schools across Uganda and has impacted over 10,000 people. A recent winner of the Champions of Quality Education in Africa competition, a collaboration between Ashoka’s Changemakers and The William and Flora Hewlett Foundation, Educate! was also recognized by Entrepreneur magazine as one of 100 Brilliant Companies in 2009, by DoSomething as an organization started by one of America’s top five change-makers under 25 and by the Echoing Green fellowship, recognizing the highest potential startup social change ventures worldwide.
t will feature great visuals of children, adults and dogs enjoying the outdoors; colorful beads at our Educate! store; and the performance of a live band. The Hike is held to raise awareness for Educate!’s mission to empower students across Uganda to drive the social, political and economic development of their communities.
KOA radio talk show host Alan Bergs murderer died in prison today. The killer , a member of a militia group called The Order from Sands Point Idaho gunned Allan Berg down with an assault rifle in 1984 firing thirteen rounds from a Mac 10 into his body. Berg was a bombastic host and taunted the order and other Nazi groups. The Order wanted to kill all Jews and send blacks back to Africa not unlike the Tea party of today. Berg was a Jew and was on the orders hit lIst
In 1987 Boulders Jann Scott started in talk radio on KTLK in Denver and quickly gained a reputation of irritating Boulder drug dealers, radical leftists and rightists. ” I worked with Peter Boyles and Ken Hamblin who were talk buddies of Bergs and they always warned me to be safe” Scott told Boulder Channel 1 news.”
According to Boulder Police departments records Scott reported over 15 death threats from 1987 to 2009. One was from an mentally ill person John Hall who threatened to kill scott with the same rifle used to kill Kennedy. Boulder PD contacted Hall at his Canyon ave apartment, but never arrested him and left him in possession of an arsenal of assault weapons. Other threats to Scott came from Boulder mayors, city council members, CU students and marijuana dealers. Scott said he has had to hire body guards from time to time and has been under police protection.
“There are crazy people who do not want people like me to speak my mind on talk radio or TV and Boulder has it’s share or radicals who will kill in order to stop free speech. Jann Scott can currently be seen gabbing on BV22 on Comcast cable and at Jann Scott Live
Dear Boulder Channel 1
On March 7th, 1965, 600 of us lined up to walk from Selma to Montgomery, to march for voting rights.
When we tried to cross the Edmund Pettus Bridge over the Alabama River, we were met by state troopers. They attacked us with tear gas, bullwhips, and nightsticks.
It became known as Bloody Sunday, and the national outcry over the brutality that day led to the enactment, exactly 45 years ago today, of the Voting Rights Act.
The progress we’ve made since then is remarkable.
But the expansion of voting rights for millions did not happen overnight. It was the product of a continued struggle, by many people, over many years.
And just as change did not come easily then, it does not come easily now.
Discrimination still exists in America — its effects can be as harmful as they were decades ago. And we can always become a better, more just society.
Two years ago, this movement — led by Barack Obama — brought millions of people into the political process for the first time.
I’m told that many of you are working hard now to get as many as possible of those folks — and others from across the country who are with us in these fights — to the polls this year.
It’s an important effort, and the legacy of the fight for the Voting Rights Act is that it is not only our right to vote, and to help others do so — it is our duty.
Can I count on you to help out between now and the elections in November?
When I was a child, I tasted the bitter fruits of racial discrimination — and I did not like it.
That was what spurred me to act. In those early days, we sacrificed our very selves for our rights as Americans. But we never gave up.
And now barriers that kept an entire people from full participation in this country have been removed.
No longer are people who look like me met with violence when we register to vote.
No longer is the idea that an African American could become president just a dream.
We live in a better world, a better country.
But our work is not complete. We cannot wait for someone else to make change.
We must all do it. You must do it. I must do it.
Please sign up to help millions more vote:
Representative John Lewis
Voting is wrapping up in the Democratic primary, so the time to vote is now.
If you have not already returned your ballot by mail, it’s too late to put it in the mail — you’ll need to return it in person to your county clerk, county service center, or drop location to guarantee it gets counted.
Your ballot must be received by 7:00 p.m. on Tuesday, August 10th.
Please make sure you cast your vote in time in this crucial primary — find more information about submitting your ballot here.
If you have not received a mail-in ballot, the polls are open from 7:00 a.m. to 7:00 p.m. on Tuesday, August 10th. Find more information here.
This is a close race, so every vote counts.
Michael Bennet has been a champion for Colorado, leading the way on a health insurance reform victory more than 100 years in the making.
But now we need to make sure that as many Coloradans as possible turn out to vote for him in the primary.
And that means spreading the word about what he’s done for us in Washington as far and wide as we can between now and Tuesday.
Will you help us contact voters in the final days of this election?
Colorado State Director
Organizing for America
Media Matters: Of mosques and mendacity
If you’ve followed the conservative media over the past few weeks, you can be forgiven for thinking that it’s a tough time for white Christians in America right now, what with the New Black Panthers denying white people their voting rights and undocumented workers clogging up our civic machinery with “anchor babies.” The message coming from Fox News and some of the more determined attention-seekers on the right is that we’re in a battle for white America’s Jesus-worshiping soul, beset as it is by immigrants and black USDA officials and, perhaps most threateningly, Muslims.
The New York City landmarks commission decided this week to act in the interest of New Yorkers rather than out-of-state conservative pundits and voted to clear the way for the construction of an Islamic center in lower Manhattan, a few blocks from the site where the World Trade Center once stood. This was unacceptable to said pundits, who insisted that this site of America’s mourning should be exempted from American values. “We’re all about religious freedom,” explained Sarah Palin, but only “down the road.” Newt Gingrich announced, “I favor religious freedom,” but not “right at the edge of a place where, let’s be clear, thousands of Americans were killed in an attack by radical Islamists.”
The argument from the right is relatively straightforward — Muslim terrorists destroyed the Twin Towers, therefore we should ban all things Muslim from the area, in the interest of healing and sympathy (although, as Salon noted, they were curiously silent when Muslims began praying in the Pentagon shortly after 9-11). That argument necessarily holds all Muslims accountable for the detestable acts of the small and violent minority of Muslims who take up the terrorist mantle. On its own, that would be offensive enough, but people like Palin and Gingrich purport to be sensitive to that distinction and nonetheless run roughshod over it. Palin famously took to her Twitter account to exhort “peaceful Muslims” to “refudiate” the Islamic center. Gingrich acknowledged the differences between “radical Islamists” and other Muslims before launching into an unhinged attack on the “Ground Zero mosque” and “Creeping Sharia in the United States.”
Others simply can’t be bothered to even pretend to understand that “Muslim” does not equal “terrorist.” A “recruiting tool for domestic extremists” was how Rush Limbaugh described the Islamic center. Glenn Beck called it an “Allah tells me to blow up America mosque.” Comments like these badly mischaracterize what the “Ground Zero mosque” actually is and the role it will play in America’s unsettled relationship with the Muslim world.
The people behind the mosque are Imam Feisal Abdul Rauf and his wife, Daisy Khan, and contrary to what the right wing would have you believe, Time magazine says they’re “actually the kind of Muslim leaders right-wing commentators fantasize about: modernists and moderates who openly condemn the death cult of al-Qaeda and its adherents.” Rauf has written a book titled What’s Right with Islam Is What’s Right with America. In late 2001, after the 9-11 attacks, Rauf was quoted in New Jersey’s Bergen County Record as saying that Islam must “define its ‘American-ness,’ that is, adapt to the American culture.” The Atlantic’s Jeffrey Goldberg, who knows Rauf, describes him as representing “what Bin Laden fears most: a Muslim who believes that it is possible to remain true to the values of Islam and, at the same time, to be a loyal citizen of a Western, non-Muslim country.”
That message, however, is unimportant to right-wingers who are more interested in turning the “Ground Zero mosque” into a wedge issue and stoking Islamophobia for political benefit. The tragic farce of it all, as described by Slate’s William Saletan, is that people like Palin and Gingrich, who purport to be standing up against terror and for America, are actually promulgating the same message as Osama bin Laden — that “the United States represents Christianity, al-Qaida represents Muslims, Christians won’t protect Muslims, the West hates mosques, peaceful coexistence is a fraud, and the ‘war on terrorism’ is really a war on Islam.” It’s hard to argue with that assessment when you hear the likes of Limbaugh claiming that the “Ground Zero mosque” means Muslims are “planting the flag of victory.”
Jonathan Chait surveyed the right-wing opposition to the mosque and concluded that “a lot of people are going to eventually feel ashamed about where they stood.” That might be true, but all signs seem to indicate that these people are about as familiar with the concept of shame as they are with religious freedom.
A big week for “judicial activism”
If the conservative media have taught us anything else — and they haven’t — it’s that members of the judiciary who are progressive and don’t adhere strictly to right-wingers’ shifting interpretations of the law are “judicial activists” who “legislate from the bench” and see the Constitution as a “living document” and so forth. Of course, the conservative faction of the Supreme Court under Chief Justice John Roberts is carving out quite a legacy of judicial activism, but that doesn’t count because they’re conservatives.
And speaking of the Roberts court, it picked up its newest member this week as Elena Kagan, President Obama’s pick to replace retiring Justice John Paul Stevens, was confirmed by the Senate in a largely party-line vote that, while it got the job done, did not portend well for future nominations. She will be the next associate justice of the Supreme Court in spite of a spirited smear campaign by conservatives who were not about to limit themselves to cries of “judicial activism.” They hurled just about every attack they could at Kagan throughout the nomination process, and it’s still going strong even though the deed is done.
Just this week alone, conservatives attempted to force a delay on Kagan’s vote by screaming that she lied to the Judiciary Committee about her stance on partial birth abortion. When that failed, they claimed she does not believe in and seeks to destroy the Constitution, they attacked her looks, and even called her a stealth Muslim.
But as intense as the attacks on Kagan were, the fusillade against Judge Vaughn Walker was even worse. Walker ruled this week that California’s ban on same-sex marriage was unconstitutional, and right-wingers lit into him not just because he ruled against their interests, but because he’s gay. “Nero, like Judge Vaughn, wanted the community to embrace his unnatural way of life,” declared The Washington Times, perhaps subconsciously acknowledging the stale antiquity of its position. The Times also insisted that Walker should have recused himself from the case because he is gay, a ludicrous argument that earned swift rebukes from people who actually know what they’re talking about.
The intense right-wing focus on Judge Walker’s personal life, however, managed to overlook one aspect of his background — the fact that he was nominated as a federal judge by Ronald Reagan and George H.W. Bush.
But such things are bound to happen to “judicial activists” when they do clearly unconstitutional things like stand up for equal rights.
He meant what he said, he said what he meant, Fox News stood by him, 1,000 percent
It’s been clear for some time now that the culture of accountability at Fox News doesn’t, you know … exist. If you’re a Fox News employee, you can get away with pretty much anything. Photoshopping the faces of New York Times reporters to make them ugly caricatures of themselves? No problem. Bringing on a racist anti-Semite to attack the African-American presidential candidate? Nothing to worry about. Cropping video of the president to claim he spoke for terrorist sympathizers? Give that man a raise!
But if there’s a poster child for Fox News’ permissive attitude toward media malpractice, it’s Glenn Beck. After all, this is the guy whose attack on the president as a “racist” cost the network millions in ad revenue, and the worst he got was Rupert Murdoch’s enthusiastic “good on ya!” (a Fox News spokesman later said Murdoch “does not … think the president is a racist”). And this week we learned that there really doesn’t seem to be anything Beck can do that will get him in trouble with his bosses.
It all started back on May 28, when Beck attacked Simon Greer of the Jewish Funds for Justice, who had called Beck a “con man” for “bottling [his] ideological agenda and labeling it theology.” Beck responded by saying that Greer’s philosophy “leads to death camps. A Jew, of all people, should know that. This is exactly the kind of talk that led to the death camps in Germany. Put humankind and the common good first.” After Beck attacked this prominent Jewish individual for helping to promote a second Holocaust, Fox News executives decided it might be a good idea to meet with Greer on behalf of their once-again wayward star and talk things over.
According to TVNewser, Fox News senior vice president Joel Cheatwood made clear to Greer that, in spite of Beck’s horribly offensive rhetoric concerning one of the worst instances of genocide the world has ever known, Fox News “absolutely stood behind Glenn Beck 1000%.”
So while this is obviously a disheartening development for society at large, Fox News hosts should be excited. If Fox executives will allow Glenn Beck to accuse Jews of, in the words of Greer, ” paving the way for fascism,” then they’re free to get as creative as they want and attack anyone for pretty much anything.
Of course, they already do that anyway, but at least now it’s official.
Simon Maloy is a Research Fellow at Media Matters for America.
Volume 4, No 7 August 6, 2010
In This Issue
-Search for Shorebirds…….End-O-Month Bird Walk
-COUPON: Sunflower Chips
Welcome to “Boulder Backyards”
Wild Bird Center of Boulder Saturday Walks
bird watchers (that’s us)
Wild Bird Center Saturday Walks:
From 7:30 am (promptly)
to 9:45 am (approximately)
Every Saturday year-round.
Every last Saturday of the month we travel further afield than normal
and return a little later.
Call for more info: 303-442-1322
Search for Shorebirds
End-O-Month Bird Walk
August 28th 7:30 to 10:30
by Wendy Marie Stuart
Let’s look for shorebirds heading south. Join us on a tour of local ponds and reservoirs looking for fall shorebirds. I’m no shorebird expert, so we’ll break out the books and figure them out together. After all, it is back to school time.
Wild Bird Center
Visit Our Website
Wild Bird Center of Boulder Online Product Catalog
Click here for Archived eNewsletters
Forward eNewsletter to a Friend
Xcel Energy BirdCams
One fun way to participate in the lives of local birds is by viewing Xcel Energy’s
Wendy Marie Stuart
“Unwelcome Guest” by Wendy Marie Stuart
Visit our store to see a gallery of Wendy’s matted and framed prints
and greeting cards for all occasions or
Visit Wendy’s site
Visit Wendy’s “Osprey Portfolio” page
“Greater Yellowlegs” by Wendy Marie Stuart
“Unwelcome Guest” by Wendy Marie Stuart
Birding Community Bulletins
National Wildlife Refuge Association
Check out these informative and provocative Birding Newsletters
Steve Frye, Owner . Wild Bird Center Boulder
Boulder, CO 80301
Thank you for all of your support from all of us at
YOUR Wild Bird Center!
We couldn’t have done this without you! Twenty-one years is a long time in anyone’s book and we owe our success to you — our customers, compatriots, fellow birders, and friends. A hearty thank you to you all!
Steve, Wendy, Marlene, & Bill
The Nocturnal Flycatcher
by Scott Severs
During summer, late afternoon and evening hikes in the foothills provide opportunities to enjoy wildlife behavior without the hot temperatures of midday. While some animals are settling down for the night, others are just beginning their day. Crickets commence their incessant chirping, spiders emerge from dark hideaways, and owls begin searching for waking mice and voles. Just before the sun falls behind the Divide, a nasal peeernt emanates from above. I quickly scan the sky and see a swallow-like bird bouncing across the sky catching insects and calling frequently. I see a common nighthawk.
Not truly a hawk, nighthawks share more in common with their relatives the whip-poor-wills, which together make up a family of birds called the nightjars. Members of the nightjar family have gaping mouths designed to scoop insects out of the air. These wide mouths led to a myth that nightjars drank milk from the udders of goats, and the family was once collectively
known as the goatsuckers. Today the family name is derived from the jarring notes of their calls. Members of this group are covered with marvelous, cryptically colored feathers marbled with grays, browns, and blacks that help conceal them from predators. Most nightjar family members nest on the ground, so camouflage is key to survival.
Not entirely nocturnal, nighthawks tend to be crepuscular-meaning they, like most nightjars, are most active in the twilight hours of dawn and dusk. There are a bounty of moths, beetles, and other flying insects available at theses times that do not appear during daylight hours. By foraging on the wing, nighthawks can catch great numbers of insects in a short period of time.
When viewed in silhouette from below, nighthawks look a lot like swallows, with long pointed wings adapted for an aerial life style. To identify nighthawks in flight, look for distinctive white patches toward the tips of their dark wings. A white throat patch and band across the tail set apart the male from the female.
As spring days lengthen, male nighthawks perform spectacular courtship dives in the midst of their consorts. While the female rests on a nearby tree, the male nighthawk circles above, calling frequently …peeernt…peeernt…peeernt… Finally his flight stalls like a small plane, and he begins to plummet toward his mate sitting below. At the bottom of the dive he pulls up, and the wind whistles through the outer flight feathers of his wings, producing a whooshing sound…v-r-r-rrooommmm. The booming sound makes me think of some wacky sound in a Warner Brothers cartoon I may have watched as a kid.
In late May, June, or July, females produce two light brown eggs speckled with darker browns. Nighthawks do not build nests, and lay their eggs directly on graveled soil and occasionally on flat gravel rooftops. If the nest area becomes too hot for the eggs and young, nighthawks may move them
to a cooler spot. Adults nighthawks have been observed feigning injury to draw coyotes and other ground-searching predators away from their nests. The female incubates the eggs for about 20 days, during which time the male brings food to her. The young will fly and forage on their own about three weeks after hatching.
In Colorado, nighthawks occur in open habitats from border to border. In our area they especially like open ponderosa pine woodlands edging mountain meadows. Good places to see foraging and displaying nighthawks include Betasso Preserve, Bald Mountain, and Walker Ranch. In fall, sizable flocks of nighthawks gather along the Dakota Hogback before beginning their trip southward to South America.
The Cornell Lab of Ornithology, All About Birds: Common Nighthawk
Aububon at Home: Common Nighthawk
New Hampshire Audubon: Project Nighthawk
Geneise on Youtube: Nighthawk
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25# Bag of Sunflower Chips
Go to our Online Product Catalog to view seed, feeders, boxes (bird & bat), optics, gifts, books, CDs and many other products.
NOTE: Just mention this e-coupon to get your discount. Call (303) 442-1322. Some restrictions may apply. Not valid in combination with other promotions. Expiration date: 8/31/10.
—– Coupon —– Coupon —– Coupon —–
Some hummingbirds have been in southward migration since early July. As these birds wing south, some choose to venture out from the foothills and mountains onto the plains. In the last few weeks we have been getting good reports of hummingbirds out east. In my Longmont yard, I have been visited by quite a few hummingbirds in the last three weeks. Usually, I get almost entirely calliope hummingbirds, but this year I have had good numbers of all three regularly occurring species (broad-tailed, rufous, and calliope). So if you would like to be visited by the hummingbirds, consider adding some hummingbird attractive plants in your yard and put up feeder! hummingbird
Would it be more convenient to shop at the Wild Bird Center if we had different hours? Presently, our hours are Monday through Friday 10 to 6, Saturday 9 to 6, and Sunday 11 to 5. If additional hours would help you, please send an e-mail telling what changes would be helpful to email@example.com. Thank you.
Our thanks go out to Jan Chu for leading us on the Birds and Butterflies Walk last month. We had a great time finding all kinds of creatures including some good mammals like the mink and an Abert’s Squirrel. Jan’s knowledge of butterflies is fantastic and we appreciate her sharing that with us.
A: Where have all the grackles gone? I usually have tons but for the last few weeks I haven’t seen hardly a one.
A: Funny you should mention this because I too have not seen many grackles in my yard or on the Saturday Walks in the last few weeks. I am not sure what is going on, but there are some things I am sure of. Typically, we don’t see nearly as many grackles in people’s yards in the last part of the summer. Grackles show up in the spring to nest near or in suburban landscapes. After their young hatch, we seem to have hordes in our yards with all the young squawking and the adults busy feeding them. Soon after the young fledge, they are left behind because the parents move off to agricultural and wetland habitats. Young persist in our yards for a few more weeks until they molt into the shiny adult plumage. After that transformation, the young move off to meet the other adults and flock up in preparation of heading south. So normally we see a significant reduction in grackle numbers in our yards toward August and the coming of fall. This year, however, the change is more dramatic. In the fall we see waves of
grackles coming through. Perhaps this year our grackles have really taken off early but have not been replaced by the more northern grackles. I’m sure the local grackle population and their food supply has not been adversely changed this year, but it’s still hard to explain their relative absence. Maybe it’s just ‘greener grass’ some other place that is luring them away? We probably will never know the answer.
TALK TO YOUR CONGRESSMAN JARED POLIS Jared Polis is having several public coffees and meetings in August and early September, which are listed at http://polis.house.gov/Calendar/. Talk to Cong. Polis about the issues you care about–the economy, health care, war, education, the environment, immigration, etc.
THANK Rep. Polis at 303-568-9007 for voting recently against funding for the occupation of Afghanistan or email him athttp://polis.house.gov/Contact/.
SUPPORT RMPJC! Buy Vitamin Cottage cards!
As one of our fundraising strategies, RMPJC has Vitamin Cottage cards in $50 denominations. We make 5% from each card we sell – and, Every Little Bit Helps! You can come in and purchase your cards — or, mail a check for however many cards you’d like to order, plus 50 cents for postage and handling, to P.O. Box 1156, and we’ll mail your cards right out to you! Thanks!
Tuesday, August 3rd BOULDER RALLY FOR RENEWABLE ENERGY! ”Our Power. Our Future. Our Choice.” Rally at 4:45pm at the corner of Broadway and Canyon. Boulder is at a critical juncture!! We can lock ourselves into another 20-year contract with Xcel Energy – with more fossil fuels and ever-increasing rates – or we can chart a new future based on local and renewable energy. The Boulder City Council is meeting at 6pm on August 3rd to decide on our energy future. Come let the City Council and Xcel Energy know that YOU are ready for renewables!Rally at 4:45, sign up to testify in front of Council at 5pm (if you would like), join the Council meeting at 6pm. T-shirts and some signs will be provided for use during the event, but please feel free to bring your own. Spread the word! Bring friends and family! For more information on the 20-year franchise agreement with Xcel and alternative paths forward, see:
Tuesday, August 3 BOULDER Boulder Peace Coalition meeting, 7:00 pm – 8:30 pm at the Arborwood Club House. From 30th and Valmont, go north on 30th Pass Glenwood on your left. Turn right on O’Neal Parkway, Go about a block, Turn right on O’Neal Circle, Go 1/2 way around the circle, and park. The Clubhouse is in the Center next to the pool. Questions? Call Stu at (303) 440- 8308
Wednesday, August 4 DENVER Please join Wes McKinley, Kristen Iversen and LeRoy Moore for a Rocky Flats news conference, 11 AM, west steps, State Capitol, Denver. A new citizen sampling study has found plutonium in breathable form at two locations near the site of the defunct Rocky Flats nuclear bomb plant. This has profound implications for planned public recreation at the Rocky Flats wildlife refuge as well as for people who live or work downwind of Rocky Flats or who are downwind of Los Alamos where DOE plans to continue the work once done at Rocky Flats. Attend if you can and spread the word.
Wednesday, August 4 BOULDER Showing of the documentary DARK CIRCLE Recent characterizations of nuclear power as a “renewable energy source” make this classic film a must-see. Winner of the Grand Prize at the Sundance Film Festival, recipient of a national Emmy Award for Outstanding Individual Achievement in News & Documentary, Dark Circle follows the trail of plutonium from the Rocky Flats Nuclear Weapons facility in Colorado, to the Diablo Canyon Nuclear Power Plant in California, to Hiroshima and Nagasaki in Japan. Plutonium, the most toxic substance in the world, links these locations and the people whose lives are irrevocably changed by it. 83 minutes, 16mm color, first released: 1983; revised: 1991. Produced and Directed by Judy Irving, Chris Beaver, and Ruth Landy, 8:00 PM at the Trident Booksellers & Café, 940 Pearl, Boulder.
Saturday, August 7 BOULDER Rembrance of the dropping of Atomic weapons on Japanese cities. See photos of Hiroshima and Nagasaki, hear music of Japan and listen to the wisdom of Aya Medrud, a Japanese American woman whose family was interned during WWII. She’ll be available to talk with starting at 10 am and will speak to us all at 11 am. On the lawn by the Farmers’ Market, Canyon and 13th. rmpjc.org.
Sunday, August 8 DENVER Remember & Commit to Peace:65th Anniversary of the Bombing of Hiroshima & Nagasaki. You are invited to an interfaith gathering to share, reflect, pray, and to commit to a world without nuclear weapons. 3:00-4:00 pm at the West Steps of the Capitol Building, 200 East Colfax Avenue. May the unity of this gathering stand witness to the power of peace.303.807.2109 firstname.lastname@example.org.
Saturday, August 21 BOULDER Get Your Tickets, NOW, for …. Rocky Mountain Peace and Justice Center’s Annual Farm Fest!! 4 PM – 10 PM. The picturesque Andrews Family Farm, a local Community Supported Agriculture (CSA) farm, is once again hosting the RMPJC annual Farm Fest on August 21, 4 PM – 10 PM. Located at 6803 Jay Road, Boulder, CO 80301. A full afternoon and evening of festivities and local food and drink are on tap!
4:00 – 6:00 PM – hay rides, organic vegetable, herb & hop yards tours, local micro-beer christening of the new barn and hops processing facilities, horseshoes and other games.
6:00 – 7: 15 PM, – gourmet, locally grown, organic farm-fresh dinner will be served al fresco. There will be vegan, vegetarian and chicken options plus appetizers, scrumptious side dishes and a local Colorado delicious desert. Beverages include unlimited tea or lemonade; one glass of local wine or beer (included with the dinner) with a cash bar to follow. During dinner, we will be treated to Bluegrass and Olde Time Appalachian Music by the very popular Two Thin Dimes with Lori Nitzel on banjo, Chad Yost on fiddle, and Jessica Johnson on guitar, and by Elena Klaver, another local favorite on the music scene.
7:30 – 10:00 PM – Two Thin Dimes and Elena Klaver for contra and other old-time dancing.
This is a benefit event for Everybody Eats, local food and organic farming advocate organization, and the Rocky Mountain Peace and Justice Center, working for peace, human rights and economic, social and racial justice for more than 25 years..
**Ticket Prices are as follows:
$30/person if tickets purchased before 8/15; $35 / person at the door day of event
$50 per couple purchased before 8/15; $60 / couple at the door
kids under 12 free
**While this is a fundraiser, we also want to be as inclusive as possible. Please call Betty (303) 444-6981 if these prices are prohibitive for you, or if you want to volunteer to help with the Farm Fest. You may order your tickets by calling RMPJC (303) 444-6981, or by going to www.rmpjc.org and selecting the Special Events Pay Pal Button. Please carpool with your friends.
August 21 and 22 DENVER The Colorado Street Medics are excited to announce an upcoming training from 11am to 7pm 27 Social Center, 2727 West 27th Avenue (between Decatur and Clay) $5 to $50 suggested donation, no one turned away for lack of funds Lunch, supplies and training literature provided. This introductory workshop will teach first aid for medical, traumatic and emotional emergencies as well as other emergency support skills that are useful both in the streets and in our communities. Register for the training by e-mailing email@example.com. Please let us know if you need childcare or have any other accessibility concerns.
Life’s most urgent question is: What are you doing for others?-Martin Luther King
Boulder July 24, 2010
Boulder Channel 1 News blog has really taken off these past two months. First Ron Baird, former Colorado Daily reporter and assistant editor joined us back in June. Ron is our news editor. He over sees all the news releases which comes into our virtual news room. He posts approximately 2-5 news stories a day.
Donna Marek writes approximately 3 to 5 stories a week. She joined us in July as our Boulder Cultural affairs editor. Donna is a longtime Boulder reporter, talk show host and film maker. She worked for the Daily Camera and Denver Post.
Rob Smoke covers politics in the city and county. He was a Daily Camera reporter and can be seen weekly at boulder city council meetings.
Seth Brigham is a Boulder writer and talk show host. Seth is known as a Boulder gadfly and often finds himself making the news more than he writes about it.
Jon Graham writes about “Tech”. He has worked for Boulder Channel 1 for 20 years. He worked for Bell labs and the University of Colorado. He begins writing for BC1 news this month.
DECORUM UPDATE: LAS VEGAS ODDSMAKER OFFERS LINE ON BOULDER CITY COUNCIL “CAPTAIN UNDERPANTS INITIATIVE”0
July 24, 2010 –Las Vegas, Nevada: — SPECIAL to Boulder Channel One
Preeminent Las Vegas oddsmaker and wagering expert Michael “Roxy” Roxborough, noted for picking 11 of the last 13 Super Bowl winners in addition to what is widely
regarded as the most accurate weekly betting line for regular season NFL games, today released a betting line on the Boulder city council’s decorum initiative, set to play out this September.
“I think the Boulder city council is a little over the top with their effort here,” Roxborough
was quoted by telephone from his poolside office at the Bellagio. “It’s hard to say how much money the offshore bookmakers will take on this one. Certainly more than all the sports books in Nevada, which handled action
on the Brigham arrest last winter,” referring to noted activist-raconteur Seth Brigham, whose disrobing
at a city council meeting led to a brief incarceration and notice nationally in February. “Still, the doings in Boulder have become a popular ‘prop’ (proposition bet) and people now seem accustomed to going against the grain
and making council the underdog…even against a character like the Captain.” (Referring to Seth Brigham’s
moniker as Captain Underpants.)
“You wouldn’t think a burg like Boulder would make it into the betting lines, but everyone’s following
this one,” he summed up. “Thus we had to come up with a line, we had no choice.”
So what are the chances of council succeeding with their plan to legislate behavior at council meetings
that will get a tighter rein on public speakers? “I make council a straight 100-to-1 underdog on this,
particularly with people like Pam White, Jann Scott and the ACLU coming out against their position.”
In other words, according to Roxy, it’s nearly an impossibility that council will succeed with the measure,
which includes barring speakers from jeering, wearing a mask or being “impertinent” at the microphone.
“These days, everyone, including most of the council members qualify as being impertinent, particularly with wacky
measures like ‘smart regs’…and of course, now this.”
The odds are just slightly lower than the standing odds on whether Jon Benet Ramsey’s murderer will ever be
caught and convicted. “Of course, there you have a long-term rubric — the time factor puts the Ramsey murder
higher up in odds value at something closer to 500-to-1.”
Still, 100-to-1 shots do come in. “Yeah, we saw the Florida Marlins hit a few years ago at odds in that neighborhood;
and, of course, the Kentucky Derby typically produces a winner whose odds are 200-to-1 or better as a futures bet.”
Roxborough acknowledged the difference “…probably very few city council members could compete against
even the sorriest thoroughbred racehorse.”
Which way to go with the action? “I’d stick with Brigham this time. The casinos are only going to give you odds-on action, but you have to assume he’s the winner here. The only way to bet on the council would be if they look especially good warming up — for instance, if George Karakehian takes off his shirt at the September 21st meeting,
that could spell trouble, and you always want to check Ken Wilson to see if his jockey, the petite but hard-riding Suzy Ageton, has a buzzer up her sleeve.”
“If form holds true, Ken Wilson could take the early lead on this one, even though he typically wilts in the stretch.
However, you never say never with this council — Wilson could open up, diddle the microphone, and before you know it they’ve got a crazy new ordinance. I don’t think that’ll happen, but that’s why they call it horse racing.”
(Former Boulder Commissioner of Human Relations, Rob Smoke, assisted with this story.)
Narrator speaks with Peter Sellers-as-Inspector Clouseau French accent:
Lay-dees un gentlemund…I must now show yooouu…Exheeebit A in very
special dirty deal type of naughty naughty ooh– coooruption scandeel…
oooh, dirty, dirty…read on…here is exhibit A, from zee website of the Citee of Lafayette:
City Council Vacancy
Lafayette City Council is looking for someone to serve out the term of a seat vacated by Councilor Kerry Bensman. The term will extend through certification of the November 2011 election. Individuals interested in serving must be registered to vote and must have lived in Lafayette for at least one year. To obtain an application packet, please contact the City Clerk after July 9 at 1290 S. Public Road, Lafayette, Colorado 80026. Applications must be returned by 5 p.m. on Monday, July 19. Interviews will be conducted on Tuesday, July 27 beginning at 6 pm. For more information call 303-665-5506, ext. 3313 or email to firstname.lastname@example.org.
Yeah, but guess what, the council changed it’s mind about the above. Here’s what happened: Someone in the clerk’s office made the mistake of thinking there wasn’t a corrupt process happening and instead of keeping to the interview schedule as posted on their website and copied above, the council decided to dispense with the drama, dispense with the interview process, dispense with the pretense of fairness, and go with the “heavy hitter”. The Daily Camera article on this quoted one of the council members saying John Buechner, the newly appointed Lafayette council member was heads and tails (heads and butthole?) above all the other candidates.
The Camera article, no doubt borrowing from Camera archives, noted that Buechner resigned under a whopping scandal-cloud, having given a $140k contract to his secretary/intimate associate Fran Raudenbush to head up a major CU initiative. ONLY THAT WASN’T THE REAL SCANDAL…the real scandal lay in the fact that he was humping the chick at a Longmont hotel, with the tab picked up by taxpayers. The Colorado Daily ran that story and it caused his resignation in ’99 at least as much as the contract. They had copies of receipts. They had dates and times when Buechner and Raudenbush had their little business meetings out there (hand me the Snickers bar, please.) Buechner himself at one point offered a silly quote about it, indicating it was perfectly normal for top staff to get away from the pressures of work at the CU Boulder campus. Yes, perhaps, but John…please…
alone with your secretary…and to a Longmont hotel. Please…youuuu are to forgiiive me the utmost with sinceritee I am here to tell you zee most confidenchialll story about zee naughtee naughtee uneeversitee pressidente — doing zee naughtee naughtee with zee
very specialite SEX–cretary…
naughtee, naughtee…oh, ho, hooo….
SPECIAL, JUST IN: The council, on a tight five-to-four vote, tonight (July 20) voted to approve a toned down version of the proposed “council decorum” ordinance, opting instead for a “Be Nice” campaign that will, if nothing else, perhaps turn the tide in council’s favor with regard to public approval ratings.
Under the new rules, signs will be posted at all council chamber entrances, as well as inside council chambers, with the standard “smiley face” emoticon and the words
“BE NICE” underneath. Additionally, council voted to spend $100,000 on a Boulder-wide
“JUST BE NICE” ad campaign, improving slightly on the simpler “BE NICE”, but still using the ubiquitous smiley face. George Karakehian received praise from other council members for his initiative in organizing the media campaign, which will feature a highly kinetic kickoff event– a big “JUST BE NICE” banner pulled by a woman skiing on Boulder reservoir (a woman Karakehian apparently knows personally.)
“BE NICE” flags will be flown outside of the municipal building; city employees will be required to wear “BE NICE” buttons, presumably to improve working relations with the many companies and business non-profits the city supports with its “economic vitality” program; which, incidentally, Ken Wilson volunteered to have renamed the “BE NICE VITALITY PROGRAM”. The council decided that change was a little too radical; as Susan Osborne put it, “I think it’s a little much for one evening, Ken.” (Whereupon council member Crystal Gray was heard to mutter, “yes, you mean he’s had a bit too much,” which drew a chuckle from the rest of council.)
The new rules give the mayor permission to defenestrate anyone council determines to have failed to “just be nice” after being given fair warning; warning that includes a blast in the face with a pocket air horn from the sargent-at-arms.
It should be noted that in separate news, local activist and occasional “trouble maker” at city hall, Seth Brigham, settled his legal complaint with the City. At a private meeting with the city attorney and council members he agreed to “Be Nice” unconditionally, provided Ken Wilson would admit, once and for all, that he did in fact appear at the 4/20 event in 2009…and since Ken was asleep in his chair at this meeting, drooling onto his tie-dye t-shirt and clutching a bong, Susan Osborne approved the deal.
Rob Smoke is a former Commissioner of Human Relations for the City of Boulder.
KILLMER, LANE & NEWMAN, LLPATTORNEYS AT LAW1543 CHAMPA ST. SUITE 400 THE ODD FELLOWS HALL DENVER, CO 80202303.571.1000 FAX: 303.571.1001 www.KLN-law.comDarold W. KillmerDavid A. Lane*†Mari Newman*Sara J. RichQusair Mohamedbhai‡Rebecca T. WallaceLisa R. SahliJune 10, 2010Mayor Susan OsborneBoulder City Council OfficeCouncil@bouldercolorado.govRE: Seth Brigham v. The City of BoulderDear Mayor Osborne:Mr. Seth Brigham has retained Killmer, Lane & Newman, LLP to represent him with respect tohis wrongful arrest without probable cause on February 16, 2010 during his attempt to engage inprotected political speech before the Boulder City Council. I have advised Mr. Brigham that itappears his unlawful arrest caused by the Boulder City Council violates both state and federallaw, and that he likely has meritorious legal claims against the City of Boulder.I.Factual BackgroundAs you know, on February 16, 2010, Mr. Brigham appeared before the Boulder City Councilduring a public comment session wearing nothing but his boxer shorts in an effort tocommunicate his concerns on a variety of political issues, including but not limited to campaigncontributions to Council Member Suzy Ageton, Council Member George Karakehian’s “opendoor policy” concerning his business on the Pearl Street Mall, and the City of Boulder’s recentfocus on public nudity issues. Mr. Brigham’s speaking in only his boxers was largely symbolic,in order to assist in making his points. Mr. Brigham was recognized as a speaker who would beaddressing the Boulder City Council prior to any comments he made.Less than a minute into Mr. Brigham’s comments, he was interrupted many times, and DeputyMayor Ken Wilson caused scratching noises over the microphone system, effectively drowningout Mr. Brigham’s ability to speak. Thereafter, Mr. Karakehian directed Boulder Police lawenforcement officer Sterling Ekwo to remove Mr. Brigham. Mr. Brigham’s microphone wasturned off, and without any warning or communication from officer Ekwo, Mr. Brigham wasimmediately placed into handcuffs, and escorted outside. Mr. Brigham was charged withObstruction and Trespassing, and transported to the Boulder County Jail. On February 25, 2010,all criminal charges against Mr. Brigham were dismissed on motion by Boulder’s Office of theCity Attorney.*Also admitted to practice in California†Also admitted to practice in New York‡Also admitted to practice in WyomingPage (2)II.Legal StandardThe United States Constitution and the Colorado Constitution protect the right of freedom ofspeech and assembly for all citizens. The First Amendment of the United States Constitutionprovides that “Congress shall make no law. . .abridging the freedom of speech. . .or the right ofthe people peaceably to assemble and to petition the government for a redress of grievances.”Article II, Section 10 of the Colorado Constitution further provides that: “No law shall be passedimpairing the freedom of speech, every person shall be free to speak, write or publish whateverhe will on any subject. . .”Political speech in particular holds a “high rank” in the “constellation of freedoms guaranteed byboth the United States Constitution and our state Constitution.” Bock v. Westminster Mall Co.,819 P.2d 55, 57 (Colo. 1991). The Colorado Supreme Court noted in Bock that:The United States Supreme Court and this court have been extraordinarily diligent inprotecting the right to speak and publish freely. Whether this is because free speech hasbeen conceived as a means to the preservation of a free government or as an end to itself,the results have been the same. Free political speech occupies a preferred position in thiscountry and this state.Id. The Colorado Supreme Court in Bock goes on to state:Those who won our independence . . . believed that freedom to think as you will and tospeak as you think are means indispensable to the discovery and spread of political truth;. . . that the greatest menace to freedom is an inert people; that public discussion is apolitical duty; and that this should be a fundamental principle of the AmericanGovernment.Bock, 819 P.2d at 57, citing Whitney v. California, 274 U.S. 357, 375 (1927).The Colorado Constitution provides an even broader protection for free speech than does theUnited States Constitution. Bock, 819 P.2d at 58-60. Article II, Section 10 of the ColoradoConstitution contains “an affirmative acknowledgement of the liberty of speech, and therefore[is] of greater scope than that guaranteed by the First Amendment.” Id. at 59. The United StatesSupreme Court and Colorado Supreme Court have been extraordinarily diligent in protecting theright to speak and publish freely, and free political speech occupies a preferred position in thiscountry and this state.My understanding is that certain members of the Boulder City Council have publically defendedtheir decision to remove Mr. Brigham by suggesting that Mr. Brigham was allegedlydiscourteous and personally attacking a member of the Boulder City Council. Even if this weretrue (which the video proves it is not), this would still not legally justify Mr. Brigham’s forcibleremoval before the Boulder City Council while he was engaging in politically protected speech.Page (3)The Colorado Supreme Court recognized in Bolles v. People, 189 Colo. 394, 398 (1975), that acrucial function of free speech under our system of government is to invite dispute. “Ifunsettling, disturbing, arousing, or annoying communications could be proscribed ….theprotection of the First Amendment would be a mere shadow indeed.” Id.; see also Houston v.Hill, 482 U.S. 451, 462 (1987)(“‘Speech is often provocative and challenging. . . . [But it] isnevertheless protected against censorship or punishment, unless shown likely to produce a clearand present danger of a serious substantive evil that rises far above public inconvenience.Certainly, nothing Mr. Brigham said could be construed as tending “to incite an immediatebreach of the peace” or “inherently likely to provoke a violent reaction.” See Cohen v.California, 403 U.S. 15, 20 (1971) and C.R.S. § 18-9-106(1)(a).The First Amendment does not require that Mr. Brigham be courteous when addressing hiselected political leaders. Additionally, Mr. Brigham’s First Amendment rights may not beabridged even if he were making personal attacks on his elected officials (if allegations ofimproper campaign contributions could be construed as a personal attack). Boulder’s electedofficials may not wield the overwhelming power of the government to curtail First Amendmentrights each time their feelings are hurt by a public attack.When viewed objectively, the video of Mr. Brigham during the public comment sessionunequivocally demonstrates that he was not engaging in any unlawful behavior which wouldhave legally justified the Boulder City Council’s curtailment of his protected political speech orhis arrest. The Boulder City Council’s direction to law enforcement to remove and/or arrest Mr.Brigham constitutes unreasonable restriction on speech, and violates Mr. Brigham’s rightspursuant to the First and Fourth Amendments of the United States Constitution and Article II,Section 10 of the Colorado Constitution.As stated, the Fourth Amendment requires probable cause that an individual has committed acrime prior to being arrested. ‘Disturbing the Police’ is not a crime, nor is ‘Disturbing the CityCouncil.’ “A police officer violates an arrestee’s clearly established Fourth Amendment right tobe free of unreasonable seizure if the officer makes a warrantless arrest without probable cause.”Olsen v. Layton Hills Mall, 312F.3d 1304, 1312 (10th Cir. 2002). That right was clearlyestablished at the time of Mr. Brigham’s arrest. See Beck v. Ohio, 379 U.S. 89, 91 (1964); seealso Guffey v. Wyatt, 18 F.3d 869, 872 (10th Cir. 1994). (“The right to be free from arrestwithout probable cause is a clearly established constitutional right.”).III.ConclusionThe actions of Mr. Brigham before the Boulder City Council on February 16, 2010 constitutedclassic political speech. Certainly, the First Amendment necessarily requires that every memberof a democratic society must be able to address their elected leaders on any issue they feelimportant without fear of arrest. Political speech at a town meeting occupies the highest order ofPage (4)protected speech in our nation. To remove Mr. Brigham from the microphone because membersof the council did not appreciate his comments and to arrest him is plainly violative of theConstitutions of the United States and the State of Colorado.Please be advised that Mr. Brigham is very determined to secure a fair resolution of this matter.Absent a resolution in this matter, he will file a civil rights case in the United States DistrictCourt for the District of Colorado. If you are interested in discussing this matter, please haveyour representative contact me by the close of business on June 25, 2010. I look forward tohearing from you.Sincerely,Killmer, Lane & Newman, LLPDavid A. Lane
Iris Avenue closure planned for the weekend of July 16 The weekend of July 16, the Broadway (Pine to Iris) Reconstruction Project will be completing the last major concrete paving on Broadway, near its intersection with Iris Avenue. Finishing this section will keep the project on target to be completed in August 2010.
Beginning at 7 p.m. on Friday, July 16 through 6 a.m. on Monday, July 19:
- Iris Avenue between Broadway and the west side of 13th Street will be closed 24 hours a day; signed detours will be in place;
- Broadway will be reduced to one lane of traffic in each direction between Grape and Juniper avenues;
- The 208 RTD bus route will be redirected to 16th Street and Linden Avenue and will continue to provide convenient transit access; and
- Pedestrian and bicycle detours will be in place at the intersection of Broadway and Iris Avenue.
This work is weather dependant and will be rescheduled if conditions are not favorable.
The Broadway (Pine to Iris) Reconstruction Project represents the largest single transportation project to be constructed in the City of Boulder. This overall project includes:
- 5.5 lane miles of new concrete roadway;
- Replacement of 55,000 square feet of sidewalk;
- Installation of 18 improved transit stop amenities including new shelters, bike racks, trash receptacles and all new boarding areas;
- Replacement of the Farmer’s Ditch structure north of Elder Avenue;
- Installation of 1.1 miles of new public storm sewer lines;
- Replacement of 1.8 miles of aging public water lines;
- Replacement of 0.3 miles of aging public sanitary sewer lines;
- Installation of 4.4 miles of new public fiber-optic line infrastructure; and
- Installation of new private utilities including 80 new street lights and 1.1 miles of new gas lines.
For more information, go to www.bouldertransportation.net. click on ‘Projects,” and find “Broadway Improvements Projects” or contact Noreen Walsh at 303-441-3266.
For more than three hours on radio and one hour on Fox News every weekday, Glenn Beck offers his dwindling audience a toxic stew of conspiracy theories, provably false claims, violent rhetoric and unfair accusations.
Here at Media Matters for America, we devote time and effort every day to cataloguing, exposing and debunking Glenn Beck’s lies so that his dangerous effect on our national debate doesn’t go unchallenged. You can help us in this important fight and spread the message where you live. With your donation, we’ll send you our new “Glenn Beck Doesn’t Speak for Me” bumper sticker.
Donate today and say: Glenn Beck Doesn’t Speak for Me.
Here are just a few of the low points of Becks past year and a half:
- Hijacking the civil rights movement and saying he is going to “reclaim” it.
- Attempting to rescue the legacy of Joe McCarthy and kicking off his own hunt for “communists” in government.
- Attacking President Obama as a “racist” who has “a real problem with white people.”
- Going after Obama’s family, including his daughter Malia.
- Fearmongering in ways that help shady advertisers sell their products.
- Knitting issues like climate change, net neutrality and immigration into vast socialist or criminal conspiracies.
While his ratings are shrinking, Beck still commands a platform that allows him to misinform hundreds of thousands of people. Viewers who look to Glenn Beck as a reliable source are coming away with a false and terrifying impression of the world. And with Beck’s tone infecting other right-wing pundits and putting outlandish political extremism into mainstream debate, Beck’s heated, hateful rhetoric isn’t just his problem — it’s ours.
Enough’s enough. It’s time to push back. You can be part of the fight to hold Beck accountable.
Donate today and say: Glenn Beck Doesn’t Speak for Me.
For a donation of $10 or more, we’ll send you one of our new “Glenn Beck Doesn’t Speak for Me” bumper stickers. You can let your friends and neighbors know that you stand against the rage, lunacy and outright lies of Glenn Beck.
Thank you for your support.
Media Matters for America
The Boulder County Business Report is creating its Tech/Manufacturers Directory list for Boulder & Broomfield counties to be published in our July 23, 2010 issue and is hoping for your participation. There is no charge to participate in the Tech/Manufacturers Directory list. If we have already contacted you, thank you for responding and please disregard this letter.
Please take a few minutes to fill out the form below as completely as possible. If you are receiving this as an email, simply click on the link below to update your data online.
Or you may return the completed form to us via fax or mail:
Fax: (303) 440-8954
Address: Research, 3180 Sterling Circle, Suite 201, Boulder, CO 80301
Please return the survey no later than July 9, 2010. Feel free to let us know if you have any news about your company – we are always looking for story ideas.
If you have questions about the survey, please call us at (303) 440-4950 and ask to speak to someone in the Research department.
Thank you for your participation. We look forward to covering your business in the years ahead.
Seth Bringham (aka Captain Underpants) hires famed civil right atty David Lane; Bad news for Boulder city council0
Boulder Colorado The boulder City council is about to receive a lesson in constitutional law at the hands of their worst night mare. No not Jann Scott….but Seth Bringham
Several months ago capt. underpants went to city council and proceeded to tell them exactly what he thought of them. They had him arrested and now they are going to have to pay.
This is a result of a culmination of civil rights violations perpetrated by council on Seth over the past 5years. They got away with it through three different councils until today. All of the threats, insults, free speech violations toward Seth and others (me) are now going to Federal court. There were a host of council members who took the law into their own hands and rewrote the US constitution including former Mayors Mark Ruzzin and Shaun McGrath who lied bald face about it; other include Robin Bohannan head of BC Aids project, attorney’s Susie Ageston and Macoln Cowles who defended illegal actions of free speech violations. Other council members include; Jack Stokes, CU professor ken Wilson, and other dopey citizen politicians.
Still there is no Public access free speech TV because these nazis decided it is better to live with facism than it is with liberty.