Legal

__________________________________________________________________________________

Legal Department Docket, 2002-Present

Case Name: Reina v. City of Craig
Case Number: 2009-CV-65, Moffat County District Court
ACLU Case Number: 2009-08

Description: In Craig, Colorado, the City Charter prohibits candidates for city offices from spending more than $500 in an election campaign, and violation is a misdemeanor punishable by a fine and up to 180 days in jail.  Francisco Reina, an unsuccessful candidate for city council in April, 2009, spent $1500 of his own money.  The City Attorney at first said he did not believe prosecution was warranted.  The City Council, however, voted 6-0 to recommend prosecution, and Reina was served with a summons the next day.

Arguing that the First Amendment right of free expression protects the right of candidates to spend their own money to promote their views and inform the public about their candidacy, ACLU of Colorado attorneys filed suit on Reina’s behalf in Moffat County District Court to challenge the spending limit.   The next day, the City Attorney announced he would drop the misdemeanor charge against Reina.

Issues: Freedom of expression

ACLU of Colorado Attorneys: Ed Ramey, Mark Fischer, Reed Morris, Mark Silverstein

Links to Selected Documents:

Press

• "Craig settles suit with Francisco Reina," Craig Daily, August 1, 2009

• "Voters to decide fate of city charter provision," Craig Daily, June 24, 2009
  

• "ACLU Files Countersuit Against City," Craig Daily, June 18, 2009
  
  
• “ACLU defends Francisco Reina and sues in district court to challenge Craig’s $500 spending limits,” ACLU News Release, June 16, 2009
  
  
• "Our View: Free Francisco," Craig Daily, June 6, 2009
  
  
• "Lawyers Circle Reina Case," Craig Daily, June 1, 2009

Court Documents

• Complaint, filed June 15, 2009
  
  
  

Back to the Legal Department Docket