City dismisses Reina citation

ACLU files suit against city in District Court

The city dismissed a citation Wednesday morning against former Craig City Council candidate Francisco Reina.

Reina, who ran for the April council election, was cited for violating the city's charter by spending more than $500 of his own money on his failed campaign.

He appeared Wednesday morning in municipal court. However, the city decided to dismiss the citation.

In another twist, the American Civil Liberties Union of Colorado filed suit against the city late Monday afternoon in Moffat County District Court, according to a news release from the ACLU.

The suit asks the court to declare the city's spending provision a violation of the First Amendment that cannot be enforced.

The ACLU filed the legal action on behalf of Reina.

"The First Amendment right of free expression protects the right of candidates for public office to spend their own money to promote their views and inform the public about their candidacy," said Ed Ramey, an ACLU Cooperating Attorney who filed the legal challenge.

Comments

als362 4 years, 10 months ago

In my opinion they either had to drop this case or charge Carwile.

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grannyrett 4 years, 10 months ago

Seems as if the city is going to employ a lawyer, they ought to listen to him. This should have never gone as far as it did. So, who gets sued? The city council?, the city of Craig? and who gets to pay for this?

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lonelyone 4 years, 10 months ago

I wonder which came first, the counter suit or the dropped charges??

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George Robertson 4 years, 10 months ago

lonelyone it seems in the follow up article that the charges were dropped after the counter suit. "That case was filed on Monday, and on Tuesday, we were informed by the city attorney that (the criminal case) would be dismissed," I certainly agree with grannyrett!

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oldsage 4 years, 10 months ago

You don't need a law degree to know racism is wrong and actionable. Well, maybe for some of those in this county it would be required to know it. Another Moffat County Embarrassment!

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AltitudeAdjustment 4 years, 10 months ago

Didn't a bunch of people without law degrees tell the city they shouldn't prosecute this back before the City Coucnil decided to make an "eample" out of Mr. Raina? I think they said that this would be a waste of money and time.......I wonder if this was in the budget?

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oldgezzer 4 years, 10 months ago

this is great. maybe while the ACLU is involved now, they can get rid of all the other unconstitutional laws in the city charter also.

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lonelyone 4 years, 10 months ago

OH Boy I hate to see the race card thrown in there. Mr. Reina wanted this to all just go away....."I would be happy to pay a small fine and be done with this", but now someone started whispering in Reinas ear that he could probably get some money out of this whole deal and thumb his nose at the City! I think the whole thing is nuts and should be dropped. The City should have listened to it's lawyer and said ok, that part of our charter is wrong, we can't do anything to Reina, but maybe we can figure out another way to word the charter to let people know that in a town this size a spending limit is suggested so that all parties involved have an equal chance. Mr. Reina should "man up" and drop his suit too. But as long as the ACLU has it's fingers in the pie now, I don't see that happening. Sad, really said!

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DAILYREADER 4 years, 10 months ago

IT SEEMS TO ME THAT THE WHOLE SITUATION HAS BECOME A FARCE. WRONGS ON BOTH SIDES OF THE ISSUE DO NOT MAKE EITHER SIDE RIGHT. THE FACTOR OF FREE SPEECH SHOULD NOT BE A CONSIDERATION. WOULD REINA HAVE PLACED AN AD TELLING WHO HE IS HAD HE NOT BEEN A CANDIDATE? OF COURSE NOT. EVEN IF HE DID OVER SPEND THE LIMITS HE WAS THE ONLY ONE INJURED. IF THE COUNCIL WANTS TO MAKE AN EXAMPLE OF SOMETHING, WHY DON'T THEY SEE TO IT THAT THEIR ORDINANCES ARE ENFORCED. FOR EXAMPLE - LITTER LAWS, NOISE ORDINANCES, TEEN SMOKING, EXPIRED AUTO LICENSES AND PERMITS, ETC.

I ALSO WONDER IF REINA REALLY WANTED TO FILE A COUNTER SUIT OR IF HE HAS BEEN PRESSURED INTO IT BY THE ACLU. HE DOES NOT SEEM LIKE THE TYPE OF PERSON TO TAKE THIS TYPE OF ACTION.

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GreyStone 4 years, 10 months ago

Just think about it, 11% of the population of Craig turned out to vote for these goof balls. It may be time to pay a little more attention to what these individuals are up to with their Good old boys club.

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lonelyone 4 years, 10 months ago

sorry, I just re-read my post and it should have been....sad really sad. to those of you who like proper spelling and grammer and such, thanks for not jumping on this and giving me heck!! ;o)

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