Letter to the Editor: Colorado “Bill of Rights”

To the Editor:  August 15, 2023

Article II of the Colorado Constitution is the “Bill of Rights” setting forth the rights guaranteed to all Colorado citizens at all levels of government.  Article II, Section 1 of the Colorado Constitution provides, “All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”

The November 7, 2023 election for the City of Lamar, Prowers County and State of Colorado is fast approaching.  At the August 14, 2023 regular meeting, the Lamar City Council approved the Intergovernmental Agreement with the Prowers County Clerk and Recorder to participate in the coordinated election to be held in the City of Lamar and Prowers County on November 7, 2023.  Article II, Section 5 of the Colorado Constitution guarantees the citizens of Lamar and Prowers County the right to hold free and open elections without any interference that would impair or prevent our right to vote.

Another very important right preserved to the citizens of Lamar and Prowers County is protection of our freedom of speech.  Article II, Section 10 of the Colorado Constitution guarantees every person the freedom to speak, write or publish whatever he or she wants on any subject.  On August 14, 2023, the Lamar City Council discussed Agenda Item No. 8 – “Discussion and Guidance for Resolution Establishing Guidelines for CE [Community Engagement].”  The recommendation for Agenda Item No. 8 was: ‘The city should move towards a codified Resolution of “City Council Community Engagement Guidelines”. It was very reassuring to hear Mayor Crespin’s explanation that the City Council would be developing only guidelines to aid citizens and the City Council regarding community engagement with City Council.  Mayor Crespin repeatedly assured the citizens in the audience that City Council will not be imposing upon citizens rules and procedures impairing their engagement with City Council.  Mayor Crespin’s assurance that these would be “guidelines” and not “rules” or “procedures” is critical to the preservation and protection of the citizens’ freedom of speech guaranteed by Article II, Section 10 of the Colorado Constitution. Guidelines are recommendations and suggestions provided to guide behavior. Guidelines are informal and not to be used to restrict a citizen’s right to speak to City Council.  Rules and procedures are quite different.  Rules and procedures are formal, enforceable doctrines imposed upon citizens who will be ignored and silenced if the rules and procedures are not followed.

Now is the time to exercise your freedom of speech to protect your right to freely speak at Lamar City Council meetings.  Contact the members of the Lamar City Council.  Let them know that you value your Constitutional right to speak freely, and each member should approach adoption of their Guidelines for Community Engagement with your right to free speech at the forefront of their discussions about those Guidelines for Community Engagement.  And… after doing so, if you feel that your freedom of speech is not being protected by the City Council, exercise your right to vote guaranteed by Article II, Section 5 of the Colorado Constitution and find Lamar City Council members who will protect your rights guaranteed to the citizens by the highest law in Colorado – the Colorado Constitution Article II, Bill of Rights.  Afterall, Article II, Section 1 provides to all citizens of Colorado their most important right – the guarantee that all political power remain vested in and derived from the people; the guarantee that all government originates from the people; and the guarantee that all political power be only founded upon the will of the people.

Darla Specht
Lamar, CO