This is an action for damages against Defendants for violating Plaintiffs' rights under the First and Fourteenth Amendments to the United States Constitution, and Article II, Section 10 of the Colorado Constitution, to engage in core political speech in a traditional public forum without being subjected to censorship and retaliation based on the content and viewpoint expressed in Plaintiffs' speech.
According to attorney David Lane, he and his firm "got involved in the case a couple of months ago. Michelle came into our office and showed me the complaint they did their very best to put together. And frankly, it was a mess -- but there are serious First Amendment issues involved in the case. So we cleaned it up, filed an amended complaint and are now litigating against the Denver Broncos and the Denver police."
"The issues are clear," Lane continues. "The taxpayers paid for the parking lot where the Winnebago with 'Cannabis University' on it was parked. Now, the Broncos may not like free speech, and certain jock-sniffing police officers working off-duty for the Broncos may do whatever the Broncos tell them to do, but the Colorado Supreme Court has held that this is a public forum and free speech is permitted."
The latter comment refers to Lewis v. Colorado Rockies Baseball Club, a 1997 ruling in which the justices determined that the sidewalks outside Coors Field are a public forum.
In light of the previous decision, Lane is confident of the complaint's success. "It's pretty clear: We will prevail," he says.
"Look around that parking lot and there are a million vehicles with ads all over them, for electric companies, plumbing companies, whatever. But the Broncos singled out Cannabis University as a message they just don't like -- although some of their players like it a lot. The official position of the Denver Broncos is, 'We're not going to allow messages that we don't like, and we'll only allow messages we do like.' But on public property funded by taxpayers, they're just going to have to put up with some messages they might not like."
Lane expects the Broncos to file a motion in response to the suit shortly.