Colorado
Denver City Council unanimously approves 16th St. Mall smoking ban
DENVER – The city council on Monday unanimously approved a new ordinance that bans smoking on the 16th Street Mall starting Dec. 1.
The council gave preliminary approval to the “Breathe Easy” campaign last week, and approved the final measure Monday after votes on several different amendments.
The council unanimously passed an amendment to the ordinance that will allow the gathering of demographic data on who is being punished by the ban—something that was pushed for by homeless advocacy group Denver Homeless Out Loud.
But the council shot down in a 3-6 vote an amendment that would have had the ordinance sunset after two years.
Once the new rules go into effect Dec. 1, people won’t be able to smoke cigarettes, cigars or electronic devices within 50 feet of 16th Street between Broadway and Chestnut streets. Violating the ordinance could result in a fine of up to $100, but the city has stressed that an education program would preclude any citations.
Smoking is already banned within 25 feet of an entryway in Denver, and within 15 feet of entryways across the state.
The council plans to have a sign informing people of the new ordinance on every other block on the mall, and people will be on the streets passing out leaflets about the new rules.
Project Unsolved: Friends and detectives continue search for Jakeob McKnight’s killer 26 years on
Twenty-six years after 10-year-old Jakeob McKnight was brutally slain at a Lakewood, Colorado park, an old friend who was among the last to see him and a cold case detective aren’t giving up on bringing someone to justice—and they say the primary suspects haven’t changed after all these years. Continue reading
Eric Bolling says his son, a CU-Boulder student, died of accidental opioid overdose
DENVER – Former Fox News Channel host Eric Bolling confirmed Thursday that his son, Eric Chase Bolling Jr., died of an overdose of opioids last month in Boulder.
“Just received some tragic news from Coroner in Colorado. Eric Chase’s passing has been ruled an accidental overdose that included opioids,” he said in a series of tweets. “Adrienne and I thank you for your continued prayers and support. We must fight against this national epidemic, too many innocent victims.” Continue reading
Denver judge upholds ruling that directive banning drug users from parks is unconstitutional
DENVER – A Denver District Court judge on Wednesday upheld a county court ruling that found a directive issued last September, which allowed officers to cite and temporarily ban drug users caught using in city parks or on the Cherry Creek trail, was unconstitutional.
But the city says a new directive is in the works. Continue reading
Government watchdog to probe Trump’s election integrity commission after Bennet’s request
DENVER – The U.S. Government Accountability Office has taken up Sen. Michael Bennet’s request to review President Trump’s Advisory Commission on Election Integrity.
The GAO wrote back to Bennet Thursday saying it had accepted the request made last week by Bennet, Sen. Amy Klobuchar of Minnesota, and Sen. Cory Booker of New Jersey to review the actions and motives of the commission, which was created in May after the president’s repeated, yet unsubstantiated, claims that millions voted illegally in last year’s election. Continue reading
Judge allows storm-water drainage project at City Park Golf Course to proceed
DENVER – A Denver District Court judge on Thursday denied a request for a permanent injunction from a group of Denver residents that could have halted the city’s plans to shutter the course for more than a year while it undergoes improvements and while a storm-water drainage renovation is completed.
Former Attorney General J.D. MacFarlane filed the lawsuit last summer, and several residents and Councilman Rafael Espinoza signed on to join the suit.
They had argued that the golf course renovations, which are part of the city’s Platte to Park Hill program the city aims to reduce flood risks in northern Denver, saying the city was trying to use land for purposes it wasn’t intended for, and that the project was actually tied in with the Central 70 rebuilding project.
Denver denied that, saying while the drainage project would help with the Central 70 project, it wasn’t the primary goal.
“If I-70 didn’t happen we would still move forward with this project,” Denver Public Works’ Angela Casias told Denver7 earlier this year.
But Espinoza, who represents District 1, argued otherwise, saying that the council was told the two were tied together. He voted against the fee hike tied into the project.
A judge denied the city’s request to dismiss the suit last November, before more Denverites joined on.
But the council in August signed off on a nearly $45 million contract with Saunders Construction for golf course improvements and renovations. Another contract worth around $7.6 million is related to storm-water work, and a third contract includes additional drainage improvements. The course would re-open in 2019, according to plans.
The plans also called for 261 trees to be removed from the golf course, though around 750 trees will be planted after the project is complete, according to the city.
A hearing on the tree removal had been scheduled for Thursday afternoon, but was canceled after the judge’s decision.
Judge David H. Goldberg denied the plaintiffs’ request for declaratory relief and a permanent injunction, writing “that neither the Denver City Charter, the Denver Zoning Code, nor Colorado common law provides a basis for this Court” to rule in favor of the declaratory judgment. He added that while he believed there were legitimate concerns about the projects being tied together, it wasn’t within his authority to decide.
Aaron Goldhamer, who is representing MacFarlane and the other plaintiffs in the case, said he was disappointed by the judge’s decision in a written statement to Denver7:
“While Judge Goldberg found that—in fact—the proposed project will result in a ‘materially detrimental’ effect on the natural habitat and neighborhood due to the loss of mature trees, and that the large scale regrading of the course may result ‘in detrimental changes to the health of the soil and remaining trees,’ he found that the existing law compelled his deference to the decision of Denver’s Department of Parks and Recreation to proceed with the project,” Goldhamer said. “The Judge also acknowledged the ‘significant detriment’ to Denver residents should the course lose its historic designations, which he acknowledged is a real possibility. Judge Goldberg noted he was ‘loath’ to see the course close, but that his hands were tied under existing law to defer to our elected officials and their appointees. To ensure that Denver’s parks are protected in the future, we may need new laws or new elected officials.”
Goldhamer said the plaintiffs in the case “are evaluating their appellate options.”
Christine O’Connor, one of the plaintiffs, gathered with other neighbors in the courthouse after they learned the hearing had been canceled.
“We’re going to keep fighting for city parks,” O’Connor said. “The thing that’s most disappointing about this is residents like myself have been watching the city chip and chip and chip away at our park system for other uses because it’s free, because it’s available land, but we feel strongly this was not a parks project. It was a public works project to create a diversion for I-70.”
Denver Public Works, however, in a written statement said it was pleased with the decision:
“We are pleased that the Court has agreed with the City’s interpretation of the Denver Charter and Zoning Code and that the City Park Golf Course Redesign project will be able to proceed.
“As the City showed during the trial, harmonizing stormwater management and recreation in urban parks is a best practice that Denver, and cities around the world, are utilizing to create great public spaces that provide a multitude of environmental benefits.
“The City Park Golf Course Redesign Project represents a key opportunity to address the need for increased flood control to protect residents and other property owners in the Montclair Basin and improve water quality while also modernizing and improving the City Park Golf Course for golfers and the community as a whole.”
Nancy Kuhn of Denver Public Works tells Denver7’s Jaclyn Allen that work on the storm-water project is expected to get underway next month.
Younger voters lag behind in mailing back Colorado ballots
DENVER – Colorado voters under 40 have returned just a fraction of their mail-in ballots for the upcoming election when compared to older voters, according to new numbers out Wednesday from the secretary of state.
As of 7:40 Wednesday morning, 174,539 Coloradans had already returned their ballots, most of which were mailed out last week. That number grew exponentially from the approximately 36,000 who had returned ballots as of Monday.
But only 12 percent of the ballots returned so far have come from voters under age 40, and voters aged 18-25 have returned only 2.7 percent of the total number of ballots.
On the contrary, voters over age 71 have returned the most ballots thus far: 30.6 percent have come from that group. Slightly fewer (29.6 percent) have been returned from voters aged 61-70.
The secretary of state’s office and U.S. Postal Service are asking anyone who will be mailing their ballot back to their county clerk to do so by Oct. 31.
Six counties won’t have an election this year – Cheyenne, Dolores, Grand Hinsdale, Mineral and Washington counties – and people in those counties won’t be receiving ballots, as there are no contested races or local bond measures on which to vote.
But approximately 50,000 Arapahoe County voters won’t receive a ballot this year because they don’t live in a coordinating jurisdiction, nor will approximately 10,000 Adams County voters in the same situation, according to the Arapahoe County Elections Division.
There will also be no statewide ballot issues this year for the first time since 2009, as odd years are usually used to send TABOR matters to voters.
In Denver, voters will be deciding on four Denver Public Schools directors, an initiative that would force new large buildings to install green roofs (which the mayor and city council oppose), and a $937 million general obligation bond package that centers on transportation and mobility.
In Denver, the Elections Division Voter Service and Polling Center opened Monday, while all polling centers open next Monday, Oct. 30.
The city also has 26 ballot drop-boxes that are open 24 hours a day. Find those and polling centers on a map by clicking here.
If you’re mailing your ballot back in Denver, you can sign up for Ballot Trace to be sure your ballot makes it back to your county clerk in time to be counted.
Colorado voters can register online and at polling centers any day, even on Election Day. You can do so by clicking here.
But if you register online or update your registration, you might not get a ballot mailed to you and could have to vote in person.
If you’re mailing your ballot back, it must be in the hands of your county clerk by 7 p.m. on Election Day, which is set for Nov. 7.
Voters are advised to have it in the mail before Oct. 31 to ensure it arrives on time.
Teen accused of murdering Englewood chef pleads guilty; alleged accomplice to be prosecuted as adult
ENGLEWOOD, Colo. – One of the teens accused of murdering the well-known chef of the Blackbird Public House pleaded guilty to second-degree murder charges, while the other found out his case would remain in adult court and that he wouldn’t be prosecuted as a juvenile.
Louis Lara-Macias, 16, pleaded guilty to the second-degree murder charge in court on Wednesday. His plea came in the middle of a hearing regarding a possible transfer of his case to juvenile court, and thus, the case will remain in adult court, according to the 18th Judicial District Attorney’s Office.
Lara-Macias faces between eight and 24 years in prison, according to sentencing guidelines in Colorado for class 2 felonies. He is scheduled to be sentenced Dec. 7.
The other teenager arrested in the case, 16-year-old Raheem Vaughn Benson, had a motion to have his case moved to juvenile court denied on Wednesday. He previously pleaded not guilty to the crime. His next court date has not been set.
The two are accused of killing Nick Lewis, who was the executive chef at Blackbird Public House in Denver, last Oct. 1. Few details about his death have been released, as affidavits for both teens remain suppressed.
“Those that knew Nick are having a hard time understanding how such a kind and gentle person could be taken from us in such a violent manner,” the owner of the restaurant wrote on Facebook at the time.
The two teens were arrested later that month. Both originally faced first-degree murder charges in the case when they were arrested.
Colorado secretary of state and ‘Hamilton Electors’ reach deal to expedite case
DENVER – A group of self-professed “Hamilton Electors” has reached a deal with Colorado’s secretary of state to drop him from the lawsuit and to only pursue $1 each in damages in the ongoing litigation.
The electors – Robert Nemanich, Polly Baca and Micheal Baca – filed their suit in August against Williams regarding a Colorado statute that required them to vote for the presidential candidate who won the state’s popular vote in last year’s General Election. Continue reading
Colorado Congress members want review of drug bill that cost Tom Marino ‘drug czar’ nomination
DENVER – Some of Colorado’s federal lawmakers say they are reviewing the ramifications of a 2016 law, of which two of the state’s congressmen cosponsored early versions, that some say has handcuffed the Drug Enforcement Administration in its fight against drug companies—something that was uncovered in a joint Washington Post-60 Minutes investigation published last week.
The two Republican members of Congress – Rep. Mike Coffman and Sen. Cory Gardner, who was in the House of Representatives when he cosponsored the bills – did not, however, put their names on the bill that contained the final language now being blamed by some for neutering the DEA’s diversion program, which aims to stop the flow of pharmaceuticals and scheduled drugs to non-official sources.
And they and other members of Congress from Colorado, who were present when the bill passed both the Senate and House unanimously, say the law may have created “unintended consequences” for the DEA’s power over the opioid manufacturers that might need to be fixed.
Several legislators have endorsed new bills that would reverse the language written into the law, but those from Colorado have yet to sign on, saying they are reviewing the matter. Continue reading