June 24, 2009 03:17 AM UTC

Preliminary Injunction Granted In Lawsuit Against Amendment 54

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• by: LyneaHansen

( – promoted by Colorado Pols)

Denver, CO – Judge Catherine Lemon granted a preliminary injunction today against Amendment 54 after plaintiffs arguing for the repeal of the amendment concluded their testimony in Denver District Court.  The plaintiffs alleged that the amendment, which was narrowly approved by Colorado voters last fall, would have been unconstitutional.  

Amendment 54 would have prohibited campaign contributions from labor unions and holders of sole source government contracts, and the plaintiffs contended that the prohibition violated their rights to free speech and association under the First and Fourteenth Amendments.

The lawsuit filed by the plaintiffs requests that the defendants – Governor Bill Ritter and the Executive Director of the Department of Personnel and Administration – be enjoined from implementing or enforcing Amendment 54.  Judge Lemon sided with the plaintiffs and granted the preliminary injunction.

While issuing the order of injunction, Judge Lemon stated, “In my mind, it’s not a close case.”

Next steps may include a full hearing on the merits of the case or the defendants may appeal the injunction.

“We are excited that the injunction has been granted and feel confident that we laid out the facts of the case in a way that clearly demonstrates that Amendment 54 is unconstitutional” stated Jean Dubofsky, former Colorado Supreme Court Judge and one of the attorneys for the plaintiffs. “We are confident that future court rulings will agree.”

Over the course of the two-day hearing, three witnesses testified for the plaintiffs and the defense called no witnesses.  

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