News Release from Anita M. Springsteen, Esq.

UPCOMING PRESS CONFERENCE

Topic: COVER UP OF CIRCUMSTANCES OF ELIJAH MCCLAIN’S DEATH BY THE STATE OF COLORADO GOVERNMENT

When: 3:00 PM on Wednesday, July 17, 2024 (following Oral Argument before the Court of Appeals at 2:00 PM).

Where: Front entrance at the Ralph L. Carr Judicial Center, 2 East 14th Avenue Denver, CO 80203.

Civil Rights Attorney Anita Springsteen will be holding the press conference following Oral Argument to the Colorado Court of Appeals (in Case Number 2023 CA 1322, Sturgell v. CDPHE, et. al.) to address collusion by high level public officials, including the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Attorney General’s Office, to conceal public records and protect bad actors responsible for the death of Elijah McClain (and for injuring thousands like him). This continues to put the public at risk today.

The appeal addresses public rights under the Colorado Open Records Act and abuses of the system, such as unfair fees for public records and delay tactics, to conceal wrongdoing by government actors.

It also addresses severe and ongoing consequences to public safety when records are illegally withheld, resulting in deaths and injuries.

Although authorities would have the public believe that justice has been served in the Elijah McClain case and that legislation has resolved the ketamine issue – the real truth has not yet emerged. This appeal marks only the beginning.

The underlying truth regarding death and injury to thousands of Coloradans (especially People of Color) caused by forcible injection with ketamine continues to be ignored and concealed by the highest officials of Colorado government.

Despite an inadequate prosecution of officers and paramedics in the McClain case, justice has not been served. The worst actors (such as “medical directors” who misused their medical licenses and conflicted “regulators” at CDPHE) remain unpunished – protected by the CDPHE and in utter hypocrisy, by the prosecutors themselves – the Attorney General’s Office.

In order to protect bad actors, CDPHE remains in violation of the Colorado Open Records Act – still refusing after four years of litigation to release copies of the fifty 2-page ketamine waivers given to fire districts. Waivers allowed paramedics to recklessly inject and kill innocent people without doctor supervision based on false claims of “excited delirium” – a condition they knew was fake and has now been officially debunked and outlawed.

Why won’t CDPHE release the waivers? Because they know the waivers were illegal and that every time ketamine was injected, it was also illegal – making the state liable for thousands of injuries.

The Emergency Medical Practice Advisory Council (EMPAC), an illegal entity overseen by CDPHE, approved ketamine waivers. EMPAC had no actual authority to waive the use of a deadly Schedule III controlled substance, or to illegally sign waivers.

Why does this matter? This system of cover up continues to put Coloradans in danger as CDPHE fails to regulate paramedics and continues to employ those responsible for the ketamine deaths.
Also, many Coloradans died because CDPHE refused to fill CORA requests as required by statute, blocking Plaintiff’s public safety investigation meant to save lives. CDPHE willfully and wantonly caused further deaths, like that of Hunter Barr. This blatant disregard for public safety and lack of accountability cannot stand.

Government attempts to contain the damage by focusing only on the injury to Elijah McClain and only on lower-level bad actors, while still failing to provide real justice for anyone hurt by ketamine, must not be tolerated.

Plaintiff and I call for a legitimate investigation into the injuries of all Coloradans injected with ketamine, and federal prosecution of those who violated the law.

We also ask for the CORA statutes to be protected and for the end of EMPAC.

For media inquiries, contact:
Anita Springsteen, Esq. at 720-838-3421 or [email protected]
Owner of the Springsteen Law Firm, LLC – www.springsteenlawfirm.com
Former City Councilor for the City of Lakewood
Vice-chair of Legal Redress for Rocky Mountain NAACP

(The press conference is not on behalf of RMNAACP, and statements made do not necessarily reflect the views of RMNAACP)

Editor’s Note: City Council held a workshop on July 8, 2024, for the “City Manager’s Update to Council”, that is not available online. The meeting was expected to be one of four quarterly meetings to hold the City Manager accountable for the projects and priorities set at the annual retreat. Holding the City Manager accountable is arguably the single most important function of the City Council, since the manager runs the city. The discussion was not held in a regular meeting, nor was it broadcast. A few dedicated residents watched, recorded and reported for the rest of us. Thank you! This article is a summary of that meeting that turned out to have no accountability measures at all. However, there was important information about the budget, school closures, Foothills Animal Shelter, and the unhoused.

Guest post from Joan from Lakewood

*Minor edits to content made 7/15/2024

I personally attended the workshop meeting that was a pilot meeting held without any video or hybrid capacity.

This was an hour meeting held before the regular meeting of the Lakewood City Council. I believe this program was instigated because there are supposed to be quarterly reports by the City Manager as to what is happening in the city.

The City Manager, Kathy Hodgson gave a report with a list of topics that she said were top of mind.

She gave a preview of the budget, which will be approved in August. She addressed to city employee vacancies, a long time employee with the City Manager’s office and the Director of Community Resources (Kit Newland has retired- Amber Thill is Interim Director) which should be filled by the end of the month. 

There was a brief mention of the slash/recycle project. 

There was an update on the Jefferson County school closures. There are five school properties in Lakewood that are being disposed of. Supposedly these properties should be sold at market rate.  This contradicted what was told to the Vivian neighborhood at their Information meeting.  Hodgson told how this disposal is not as easy as Jeffco Schools imagined. There was a school property in Westminster that had in its deed that if the school was closed, the property would revert to the City of Westminster. The city is planning on demolishing the building and creating a park. (this is what the neighborhood of Vivian elementary would like to see happen. I suggest they do a deep dive into the history of that property.)

Hodgson then mentioned a project they were looking at located at 20th and Quail. This is a piece of property currently owned by Denver Water that was previously a YMCA camp. I believe there is talk about assuming ownership of the space.  

There was a scheduled tour for the city council members on 7/9 to view the recently approved purchase of the land to expand the Lakewood maintenance buildings. This is a big project and will require more funding in the years to come. It seems that it will take 5 to 10 years to complete this project.

Kathy Hodgson then addressed that she’d received a memo from the Jefferson County manager on the fact that the county would no longer be supporting Foothills Animal Shelter. This is not a done deal and there is conversation and negotiation happening around this situation. 

The other update was about the Navigation Center and Recovery Works operation during renovation. Because the navigation center must remain as an emergency shelter, no construction can be done between 1 October and the end of April. So the renovation must occur during more months and that leads to the navigation center being closed for the summer months of 2025 as construction cannot happen with the building being occupied.

The other Lakewood news about the unhoused and the City Council is the development of a municipal code for sleeping units. This is not a zoning change so there will be no hearings on this topic. They are looking for a site to develop palette or small houses for the unhoused. The first reading of this code change will happen In the future (tentatively scheduled for 8/12 for the first reading and 8/26 for the second reading).

The last issue addressed was an operational issue about busy intersections and window washing. Kathy Hodgson introduced a sign and discussed some of the solutions that DrCOG, City of Denver, and City of Arvada have arrived at. There was some discussion and it was decided that city Council members would review the draft sign and give feedback by Monday 7/15.

There was a very little time for questions by the City Council members, and it was noted that this was a good start on communication.

I believe that they will use this format next quarter with a little more time scheduled. 

I personally did not understand why this report was not made in the regular meeting that followed, and why there was no video recording of this meeting.

Here is the disclaimer -as I was taking personal notes and might have gotten some details wrong please consult with your city council members if you have any questions. 

Recording of meeting (thank you Cathy!):

Recording is hard to hear. Unedited transcript available here

Changes to the zoning code in 2012 and new exemptions from the City of Lakewood are causing Applewood residents to fear for their property, road safety, parking and emergency circumstances. Lakewood will allow a narrow access road through the neighborhood to serve a multi-family, affordable housing development rather than route traffic to Colfax. Residents have organized a neighborhood garage sale for Friday and Saturday, June 28-29, to raise funds for the cause. Please stop by to support them and see the site location for yourself.

Applewood for Responsible Development: Oppose Irresponsible Development at Whippoorwill Dr – See the Change.org Petition

The property was originally zoned as residential. The roads and stormwater runoff are appropriate for residential use. The city could insist on development that is consistent with the neighborhood and existing roads, as per ordinance. To do that, the city would have to follow it’s own advice from 2014 and route multi-family traffic to Colfax, which is right behind the property. Instead, these residents will be forced to bear adverse affects of development that could easily be mitigated by following existing ordinance.

Just like the residents advocating against the Belmar Park development, Applewood residents are organizing and hiring a lawyer. Your financial and moral support Friday and Saturday could make a difference.

For more details, see their Change.org petition

Garage Sale: June 28-29 at W 15th Place and Youngfield Dr. (Nearest address is 1525 Whippoorwill Dr)

Promoted post from the Fruit Truck

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4:30 pm – 5:00 pm

$45 for 20lb box first come first served
Cash or check at the truck

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Cross-post from By Jeffrey A. Roberts, Colorado Freedom of Information Coalition

A judge Friday ordered the Lakewood Police Department to release blurred body-worn camera footage of officers shooting and killing a 17-year-old crime suspect in March 2023.

The city withheld the video from Scripps News journalist Lori Jane Gliha, contending it was required to do so by the Colorado Childrens Code — which restricts the disclosure of most juvenile records — and privacy provisions in the Law Enforcement Integrity Act, passed by the legislature in 2020 following the killing of George Floyd.

But Jefferson County District Court Judge Chantel Contiguglia found that the footage must be released under the four-year-old statute.

“I don’t see that there is a choice,” Contiguglia said, ruling from the bench during a morning hearing. “I see that it has to be disclosed with a plain reading of the law.”

Read more from CFOIC…

Mayor Strom’s explanation during the May 15^th Council meeting demonstrated first-class political spin for why the April 22 meeting was adjourned early. For those active citizens who have shown up to protest at City Council meetings and have been told they “must refrain from audible support”, Mayor Strom and Mayor Pro Tem Shahrezaei issued a slap in the face. They threatened people for clapping between speakers but allowed interruptions to a speaking Councilor. Then they both claimed that security concerns led the Mayor to adjourn the meeting early on April 22, rather than the active heckling that they allowed. The reality is that no safety concerns were cited at the time and there were no efforts to tame the crowd. Instead, there were people interrupting the Councilors they disagreed with.

Councilor Shahrezaei made the motion to adjourn the meeting and said “We’re done with you, Councilor Olver.” No matter the explanation offered by Mayor Strom, Strom was not the leader of this drama. Instead, she followed Shahrezaei. Neither of them asked the people who were heckling and questioning Olver to please quiet down.

Mayor Strom explains at the beginning of each public comment session that there should be no “audible support” from the public. In the past, one or two people clapping between speakers has been enough for Mayor Strom to threaten to recess the meeting.

“We will be recessing if  we continue to have clapping.  Let’s please make sure that we can respect everybody’s ability to listen.” – Mayor Strom, November 27, 2023

On April 22^nd, neither Strom nor Shahrezaei threatened to recess the meeting due to disruptions. Instead, the meeting was shut down because one Councilor was making a contradictory opinion on a nationally divisive issue and another Councilor disagreed.

See the video showing the two different examples.

Strom argues that the security concerns weren’t visible on video. That may be true, but a call for order would have been visible and that was conspicuously absent. Not one mention of safety, security or order was made at the time. Watch the video to see for yourself.

The safety claim was pure political spin, first reported by a resident who questioned Shahrezaei at a ward meeting.

The claim is a insult to residents who have had to endure the condescending attitude towards “audible support” in past meetings.

Not only was it an insulting, false claim, it was a step backwards for women. Women are better than having to resort to hysterical claims of safety to justify their actions. Women can be strong leaders and competently run meetings, even when their counterparts have opinions they disagree with. Lakewood residents deserve that strength in their elected officials.

“You wanna keep arguing here or are you going to listen?” Olver responds to multiple comments from the crowd, April 22, 2024.

Losing control of the meeting may be forgivable; it was an unusual situation. Spinning the story later was a disservice to everyone, especially to Councilor Olver, who did not get an apology for being rudely cut off. The Councilors who did not get an opportunity to speak and all the community members who want a transparent and accountable government deserve an apology they did not get.

We all deserved an apology, not spin.

Lakewood agreed to an interest-free loan for up to $2.75 million, for Texas-based developer Artesia Real Estate Investments. The money will be used to demolish the old Sears buildings at 10785 W Colfax Ave. The Lakewood Reinvestment Authority (LRA) Executive Director Robert Smith says the rampant crime at this vacant property justifies using city funds for private property demolition. The number and cost of service calls could not be stated but apparently, Lakewood has desired to demolish these buildings for years. The developer was not present to answer any questions and Lakewood did not ask anything in return, such as affordable housing or even a credit check. Lakewood will spend about 67% of the available redevelopment funds on this project but high property taxes could refill the coffers soon. The loan could also be forgiven completely in return for something like affordable housing units later.

LRA Executive Director Smith argues that this loan helps Lakewood because Lakewood will have lower crime due to being a vacant property, rather than a vacant building, for approximately 18 months that it otherwise wouldn’t have. The crime reportedly comes from homeless residents occupying the property.

The justification seems to be that demolishing the building is a high-priced equivalent of sweeping a homeless camp.

The loan also helps the developer. Smith reports that developers are hesitant to eliminate buildings on their own because it might lower the mortgage value of the property.  There was no word on how a city loan will not lower the mortgage value but the developer of the Holiday Shopping Center accepted a similar deal to demolish that building in 2023.  Smith argued that tearing the building down saves the private entity a potential loss through fire and the cost of private security.

The funds for the Sears demolition will come from the LRA through the West Colfax Avenue Corridor Reinvestment Plan. These funds were planned in 2005 but not used until now since the owners would have to agree. Smith says Lakewood has been looking for owners to combine parcels, demolish, and work with the city for years.

Smith also explained that the developer needed building permits, some from the city, which have not been granted yet. These permits cause delays in demolition.

The previous loan for the Holiday Shopping Center demolition was advertised as a pilot project, however, the results are inconclusive as to whether the project was a success. Demolition did occur but no evidence of expedited development or repayment of the loan was offered. Lakewood is not letting that stop them from making the same kind of loan with the same kind of questions on whether Lakewood will get their loan repaid.

This loan for vacant property comes on the heels of Lakewood approving a new fee on vacant properties, which was supposed to incentivize property owners to handle these problems on their own. Apparently, some owners will be able to get special deals to have the city pay for mitigation, although the legal department offered the opinion that Lakewood is not, in fact, paying for anything since it’s just a loan. This loan will allow the developer to save money on private security for the vacant property.

No other spending alternatives were presented that would allow economic development and job creation in this struggling area. The proposed development would be market-rate apartments, with some mixed use. In Lakewood, “mixed use” has historically been solely market-rate apartments, rather than a true mixed commercial and residential use.

Lakewood did not take the time to check the credit status or financial background of the developer, in order to expedite the process and maximize public safety. No city staff had to be dedicated to going through the steps a bank would take in order to lend money.

Lakewood also did not have to run a business case to show how much money Lakewood was spending on service calls, versus how much money the developer was currently spending. The discussion also did not differentiate what was a public versus private threat, such as the building burning down. No mention was made of where the homeless residing in the building would be moving to.

The city attorney present explained that it would be possible to forgive the loan later, in return for including some affordable units. The feeling was that the interest-free loan was not enough of an incentive for them to provide affordable units.

See the BusinessDen’s coverage of this issue here.

Councilor comments:

Shahrezaei: Says she’s been looking forward to this since 2021. Asks for how many service calls there has been to this area but that number was not available. She is supportive of the West Colfax redevelopment plan in general.

Wolfram: Seeks clarification of the lien process

Cruz: Seeks clarification on how interest-free loans to private entities work. Executive Director Smith responds that Lakewood has always maintained a policy of not lending to private entities until last year’s loan for the Holiday Shopping Center so now there is a precedent.

Nystrom: Was concerned with a zero-interest loan. Asks why Lakewood needs to step in since this was an anticipated part of development. Also has concerns that this loan contradicts the Colorado Constitution Article 11 prohibiting public indebtedness. Asks whether loan forgiveness is precluded (answer – no).

Mayott-Guerrero: Says she’s focused on resident requests for public safety.

Rein: Likes removing the vacant building. Asks whether the lien is for all the property parcels or just where the vacant building is. States that the developer could redevelop all around the demolished buildings and Lakewood would be on the hook. 

Low: Clarifies that the public benefit is the time without the public nuisance building. Clarifies that the loan would have to be repaid no matter what.

Strom: Says this is about the benefit to the community, not a benefit to the developer.

Scorecard: Provide developer loan for building demolition

Unanimous Approval from all Present:

Chair, Wendi Strom

Cindy Baroway, Commissioner
Isabel Cruz, Commissioner

Andy Kerr, Commissioner

Jacob LaBure, Commissioner 
Roger Low, Commissioner

Sophia Mayott-Guerrero, Commissioner

David Rein, Commissioner

Jeslin Shahrezaei, Commissioner
Glenda Sinks, Commissioner
Rebekah Stewart, Commissioner
Carolyn Wolfrum, Commissioner

Lakewood still publicly denies any interest in purchasing Emory Elementary but that’s not stopping plans from moving forward. The plan still seems to be for Lakewood to act on behalf of the Action Center. The Action Center has not responded to repeated requests for comment. Lakewood residents know more about what Lakewood is doing from Jeffco Schools than from their representative government or the recipients of government efforts and/or funds. Given the amount of public interest in this process and the lack of transparency, the following seems to be a fair summary:

The opaque City of Lakewood is working with the unaccountable Action Center to buy a closed public school without gathering resident support for their plans.

According to the School Board, “Given where this is in the process, now would be an appropriate time to use that link” for community input.

https://www.jeffcopublicschools.org/services/facilities/property-disposition

Residents of Lakewood might appreciate a public comment period through Lakewood before Lakewood even makes the offer but that does not seem to be considered.

From Jeffco Schools Property Disposition Update dated May 20:

“Earlier this year Jeffco added a “municipal interest process” to its Property Disposition Process, following feedback from city leaders within the district. This additional step allows time for Jeffco and the city or county to discuss and evaluate the proposed use of the property before it is marketed for sale.

The City of Arvada has expressed interest in the Parr property, and Jeffco will move forward with the municipal process to allow the city to prepare a formal proposal for its use or acquisition of the site. The Board of Education voted to surplus the Parr property on April 11.

Additionally, the district anticipates receiving a proposal from the City of Lakewood for the Emory property. The Board of Education voted to surplus the Emory property in November 2023.

Once concepts or plans have been received and evaluated, Jeffco will engage with the community to share information and gather feedback.”

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