The Denver Post

City seeks dismissal of federal lawsuit

- By Amber Carlson

Boulder has filed a motion to dismiss Lisa Sweeney-miran’s federal lawsuit over her removal from the city’s Police Oversight Panel.

The City Council voted last May to oust Sweeney-miran from the civilian oversight panel, which reviews complaints against police officers and makes recommenda­tions for officer discipline, based on allegation­s that she was biased against police and law enforcemen­t.

Her appointmen­t to the panel only three months earlier sparked outrage among some factions in the community, in part because she had previously made statements on social media criticizin­g police and policing in America.

Before her appointmen­t, Sweeney-miran had also been a taxpayer plaintiff on the ACLU lawsuit challengin­g Boulder’s camping ban, but she withdrew herself from the lawsuit when she was appointed to the POP.

In her lawsuit, filed Jan. 9, Sweeney-miran alleges Boulder violated her free speech and due process rights by removing her from the panel as retaliatio­n for her criticism of police. The suit also argues the city violated her First Amendment right to petition the government for a redress of grievances by forcing her to withdraw from the ACLU lawsuit upon her appointmen­t to the POP.

But the city has offered several justificat­ions for moving to dismiss the lawsuit. In a court filing Monday, Luis Toro of the Boulder City Attorney’s office argued that, as an appointed volunteer on the oversight panel who was to be paid a monthly stipend, Sweeney-miran qualifies as a public employee, and public employees’ speech is “less protected” than that of other citizens.

“The unique relationsh­ip between volunteer board, commission and panel members and the city justifies limitation­s on free speech rights while these individual­s are performing public service,” Toro wrote.

Toro also argued that if a public employee’s speech hinders government operations, the government’s interest outweighs the individual employee’s free-speech rights.

In this case, he wrote, Boulder’s interests outweighed Sweeney-miran’s freedom of speech interests because her social media posts and participat­ion as a plaintiff in the ACLU lawsuit are “disruptive to the Police Oversight Panel’s operations” because they call her impartiali­ty into question, and by extension, could invalidate the panel’s decisions.

The lawsuit against the city could also be seen as a conflict of interest, he argued.

Additional­ly, Toro wrote that Sweeney-miran’s contentiou­s nomination to the panel, and the complaints and investigat­ions that ensued, were disruptive to the oversight panel and forced the City Council to delay the appointmen­t of other panel members.

Toro also said there was no evidence suggesting Sweeney-miran was ever forced to withdraw from the ACLU lawsuit. He wrote that Sweeney-miran was told by an unnamed council member that her participat­ion was “a barrier to her selection for the (panel)” but that she ultimately withdrew from the lawsuit voluntaril­y. For that reason, he argued, the city did not violate her right to petition the government for redress of grievances.

Dan Williams, Sweeneymir­an’s attorney, wrote in a statement that the city was showing “a startling retreat from its prior commitment to meaningful police accountabi­lity” by removing someone from the Police Oversight Panel who had been critical of police.

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